How to Handle Clients’ Existing Trusts Created Outside of Trust & Will

Attorneys often work with clients who already have a trust created outside of the Trust & Will platform. The Trust & Will Attorney Platform supports these workflows by allowing you to upload, review, summarize, and extract key details from existing trust documents so you can assess and advise efficiently.

This article explains how to handle existing client trusts that were created outside of Trust & Will.

1. Upload the Client’s Existing Trust Documents

To begin, have your client upload their existing trust documents through the Attorney Platform:

  1. Open the client’s profile in your Attorney Dashboard.
  2. Click Upload Documents.
  3. Drag and drop PDFs, JPEGs, or PNGs of the trust and any related estate planning documents.

Once uploaded, the platform will:

  • Classify each document using AI-powered processing.
  • Extract relevant text and structure it for review.
  • Associate the documents with the correct client.

This gives you a centralized view of the trust and related materials without the client needing to recreate anything. You can also upload supporting documents such as wills, powers of attorney, and healthcare directives at the same time.

2. Review the Extracted Estate Plan Summary

After processing, you’ll see a structured Estate Plan Summary that highlights key components of the trust, including:

  • Trustee and successor trustee names
  • Trust creator (settlor) information
  • Distribution provisions
  • Relevant dates and signatures

The summary helps you quickly identify what exists in the current trust and what may need updating.

You can:

  • Download the summary as a PDF for your records
  • Use the AI Assistant to ask specific questions about the document content
  • Add notes to capture planning observations or next steps

3. Analyze Whether a Restatement or Amendment Is Needed

Existing trust documents may require changes if a client’s circumstances have evolved or if the trust language is outdated. Common reasons to update a trust include:

  • Changes in family structure (marriage, divorce, births, deaths)
  • Shifts in tax laws or planning goals
  • Beneficiary or trustee updates
  • Clarification of distribution or trust terms

Depending on state law and the type of trust, you may consider:

  • Restatement: A full rewrite of the trust document that keeps the original name and foundational elements but updates all provisions.
  • Amendment: A targeted change to specific sections of the document without restating the entire trust.

In your legal practice, determining whether a restatement or an amendment is appropriate will depend on the trust’s structure, client goals, and applicable law. In some cases, a restatement may be more efficient; in others, a supplemental amendment may suffice. You’ll draft these changes according to legal best practices and relevant statutes.

4. Coordinate Execution of Updated Documents

Once revisions are drafted (whether restated or amended), coordinate with your client to finalize and execute the updated documents. This may include:

  • Signing and notarizing in compliance with state requirements
  • Updating any related estate planning instruments such as:
    • Pour‑over wills
    • Powers of attorney
    • Advance healthcare directives
  • Providing copies to successor trustees or relevant fiduciaries

After execution, you can upload the new documents to the client’s profile to replace or supplement the original set.

5. Use the Attorney Platform to Track Life Events and Plan Status

After reviewing or updating the client’s trust:

  • Monitor for life event triggers (marriage, divorce, death) using Life Event Monitoring.
  • Use client statuses (e.g., ACTIVE, NEEDS_UPDATES) to prioritize reviews.
  • Set notes or reminders in the client profile for future check‑ins or reviews.

These capabilities help ensure the client’s estate plan remains aligned with their evolving circumstances.

Need Help?

If you have questions about document upload, review, or how to interpret extracted data from an existing trust:

  • Use the Help icon in your dashboard to contact support
  • Email the Attorney Solutions Team at attorneyops@trustandwill.com
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