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GUIDELINE

A codicil substituting a trustee is a legal document used to amend or replace the trustee named in a previously executed trust document. This is commonly employed in situations where the original trustee is unable or unwilling to fulfill their duties, or if a change in trustee is deemed necessary for any reason.

When drafting a codicil for this purpose, clearly identify the trust in question and provide details about the existing trustee. Explicitly state the replacement trustee's full name, contact information, and the effective date of the substitution. Ensure that the language used is precise and unambiguous to avoid misinterpretation.

Common mistakes to avoid include incomplete or vague information about the replacement trustee, neglecting to specify the reasons for the substitution, and failing to comply with any procedural requirements outlined in the original trust document or local laws.

Seek professional legal advice to ensure the codicil aligns with the terms of the original trust and meets legal requirements. Regularly review and update estate planning documents to reflect changes in trustees or other relevant circumstances.

This codicil is essential in situations where a change in trustee is necessary to maintain the effective administration and management of a trust, and careful drafting is crucial to prevent potential disputes or complications.

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