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The Amended And Restated Trust Agreement is commonly used when substantial changes to an existing trust are required, but the parties wish to preserve the trust's original effective date and tax characteristics. This document type is particularly valuable in U.S. trust administration when multiple amendments have accumulated over time, making the original trust document difficult to interpret, or when significant changes in law or circumstances necessitate comprehensive updates to the trust's terms. It incorporates all prior valid amendments and new modifications into a single, clear document that completely restates the trust's terms while maintaining its original tax attributes and continuity. This approach is recognized across all U.S. jurisdictions and is particularly useful for both personal and business trust arrangements that require modernization while preserving their essential character and tax benefits.

1. Parties: Identification of settlor, trustees, and beneficiaries

2. Background: Context of original trust and reasons for amendment and restatement

3. Definitions: Key terms used throughout the agreement

4. Trust Property: Description of assets held in trust

5. Distribution Provisions: Rules governing distributions to beneficiaries

6. Trustee Powers: Enumeration of trustee authorities and responsibilities

7. Amendment and Revocation: Provisions for future modifications

8. Governing Law: Applicable jurisdiction and choice of law