Document background
The Amended and Restated Trust Agreement is utilized when substantial changes to an existing trust agreement are required, or when multiple amendments have made the original agreement difficult to interpret. This document type is particularly relevant in Canadian jurisdictions where trusts are governed by both federal and provincial legislation. It serves to clarify and modernize trust terms while maintaining the trust's original continuity and tax status. The agreement comprehensively addresses trust administration, property management, beneficiary rights, and trustee obligations, incorporating any new provisions required by changes in law or circumstances while eliminating outdated or inapplicable provisions. It's commonly used in estate planning, wealth management, and charitable trust contexts, requiring careful consideration of Canadian trust law, tax implications, and regulatory requirements.
