I don't think there's much precedent for this type of situation, but common sense suggests that if it appears before the signature line it's an obligation of the trustee, and if it appears below the signature line it's more properly treated as a disclaimer/request. Moreover, if it's a revocable living trust, the creator can freely waive any of the obligations imposed by the trust if he or she desires. That said, I don't see why you wouldn't send it to the attorney just for him to have it so that, if he was ever contacted about issues down the road, he would know that changes had been made. It doesn't mean you have to hire him.
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I agree with Attorney Rosenberg that the ‘safe’ route is to send a copy of the revision to the drafting attorney. If this is the only restriction on amendments, there is nothing the drafting attorney can do if he/she objects to the amendment. This is presuming the amendment is valid as drafted and executed, (trust maker competent, no undue influence, etc.)
If the purpose of this notice is to in any way benefit the drafting attorney, it may not be enforceable or it may be a breach of ethics to have made such a restriction on amendments. None of that is important, however, if you just send a copy of the amendment. I suggest it be sent return receipt required.
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