Rhode Island Living Trust Cancellation Document
In case you are living in Rhode Island and you have a revocable living trust in Providence or Warwick or Cranston or Newport or any other part of the state and it no longer reflects your Will, the Rhode Island Revocation of Revocable Trust Form gives a legal and easy method of rescinding the living trust. This is a form that guarantees that your decision is duly filed with the state law and that your trustees are well aware of how to manage your trust assets.
Revoking a Trust Under Rhode Island Law
The law of state acknowledges that a revocable trust is still under the control of its creator (the settlor or grantor). This is to say that you can revoke or revise the trust any time unless your trust document says that it is an irrevocable trust. According to Rhode Island General Laws SS 34-4-27, a settlor can file an affidavit, memorandum or other trust document with respect to the establishment, amendment, restatement or revocation of a trust. Recording of such documents provides notice to third parties, particularly where real estate is concerned.
Common Reasons Rhode Islanders Revoke Their Trusts
Citizens in the state terminate their revocable trusts due to various reasons, which include:
Big changes in life such as divorce, remarriage, or birth of children.
Making beneficiaries or trustees up-to-date relationships.
Simplifying estate planning if a trust is no longer needed
Creating a new trust with updated terms or combining multiple trusts for easier management
How to Complete a Rhode Island Revocation of Revocable Trust Form
In Rhode Island, the methods of a proper revocation of a revocable trust are as follows:
Identify the trust and settlor – Provide your full name, the name of the trust and the date of its formation.
Declare your intent to revoke – The words should be explicit, i.e., 'I hereby revoke the [Trust Name], dated [Date], in its entirety.'
Address the trust property – State how the trustee should handle assets (return to you, distribute to beneficiaries, or transfer to a new trust).
Sign and notarise – Signing in the presence of a notary gives more evidence of intent, although the notarisation is not mandatory.
Provide notice and record if needed – Deliver to your trustee a copy of such, and perhaps a memorandum to the county, to give notice to third parties in case of property.
FAQs —
Q1: What is a Revocation of Revocable Trust Form?
It is a legal form that rescinds a revocable living trust in Rhode Island, and the assets of the trust are again in the possession of the settlor or according to his instructions.
Q2: Do I need a lawyer to revoke my trust?
Not always. Others manage revocation personally with a duly written form. But when it comes to property, or something of great value, you might want a lawyer to give you more confidence.
Q3: Is recording required for revocation?
Recording is optional but is advisable in the case of real property. The key to adding a memorandum is to make third parties understand that the trust no longer holds the property.
Q4: Can the settlor revoke the trust at any time?
Yes. Under Rhode Island law, the settlor is free to revoke or amend a trust document provided it is not stated to be irrevocable.
Q5: What happens to assets after revocation?
The assets held in the title of the trust have to be reallocated. They could be refunded to you or allocated to beneficiaries or transferred to a new trust as per your instructions.
Q6: Can someone else revoke the trust on my behalf?
Only when it is spelt out in the trust document or by an authority of power of attorney. Otherwise, the revocation has to be done personally by the settlor so long as they are of the legal mind.
Q7: Can I use a sample revocation of living trust form PDF as a reference?
Yes, you can use sample documents or a sample template of a revocation of trust form and know what to say. Nevertheless, you should always fill out your own Revocation of Trust Form to be sure of accuracy.
Q8: Is there a free blank revocation of trust form available?
Yes. You can download a free blank revocation of trust form directly on this page and fill in your trust details.
Why Proper Revocation Matters
Revocation may lead to severe complications in case it is not done properly. The assets can still seem to be under the trust and cause a dispute between the beneficiaries, misunderstandings over the property titles or reduce the speed of taking over the estate. Regardless of whether you are a real estate owner in Providence, have personal property in Newport, and have other assets in all parts of the state, the proper treatment of revocation will make your desires honoured and legally enforceable.
Download Your Trust Form
You can download the Rhode Island Revocation of Revocable Trust Form free of charge in case you are willing to revise your estate plan. You just need to fill in your trust details, expressly declare your intent to revoke, sign (and notarise when you can), give a notice to your trustee and document (when necessary). The process will make you an invalid revocation under the state law and have your assets administered in the manner you desire.