Updating a will

If you obtain unique or valuable new assets such as meaningful jewelry or a valuable painting you may wish to update your will to leave the item to a specific person. If you are wondering how to change a will , the safest and most thorough way to make changes to a will is to make a new one. You must also revoke the old will. To revoke a will , you include a written statement in your new will that you revoke all previous wills and codicils previously made by you.

Copies of the old will should be destroyed once the new will is in effect so that they can never be mistaken for a current will. Your new will must be executed and signed according to state law and then becomes the only valid will. If you need to make a small change to an existing will, such as changing your executor, you can execute a codicil to will.

What is a codicil? The definition of a codicil is simple, it is an amendment to your old will. The old will remains valid and in effect. You can alter a provision in your will with a codicil, or you can add a provision, such leaving your newly acquired boat to your grandson. A codicil has to be executed and signed exactly as you would a will, but there is no standard codicil form.

The danger with a codicil is that it could get separated from the will and lost. Codicils also have been known to create will challenges, so they should be created with caution. It is almost always better to create a new will than to attach a codicil to an existing will.

Note that you cannot alter a will by making changes on the original will itself. Striking out clauses or writing in changes is not a valid way to alter your will. You have to write an entirely new document. Your will should change with your life.

Making changes to your will allows you to keep it current and ensure all of your wishes are carried out. It is important to know how to update a will in a way that is legal and carefully planned.

If you need to create a new will or replace an existing one , LegalZoom can help. Making a will through LegalZoom is fast and affordable. Get started by answering a few questions. LegalZoom will prepare your will package and send it to you. Contents 4 min read. Brette Sember, J. Estate Planning Basics. If you own real property and are looking for a way to avoid probate, you need to understand the benefits of a transfer on death deed.

This simple document may help you to simply and inexpensively avoid probate for real estate. Think of this like a quick, easy update or small change to your Will. A good example of an appropriate time to change your Will would be when a beneficiary gets married and you want to update his or her name. Another time this would suffice is if you want to change the person you named Executor. Amending a Will is easy.

Just formally write down any specific updates, whether that means changing something existing or taking something out, sign it, and have witnesses also sign. Be sure to keep the newly written and signed portion of your Will together with the original - upon your passing, the two will be read as one document. In some instances, you could inadvertently completely invalidate your Will if you update it the wrong way. You may want to have a notary verify and stamp the additional document.

Write a new Will. Of course you can always go the route of writing a new Will entirely. Sometimes, this is the easiest option if you have significant or substantial changes that need to be made. By revoking an old Will and replacing it with a new one, you can eliminate any potential confusion or anyone contesting the add-on. Make a personal property memorandum. If this is the case, you would, much like a codicil, have a separate document that accompanies your existing Will.

You may have used a personal property memorandum if you are leaving certain gifts to individual beneficiaries. Think: gifting a specific painting to a niece, or leaving season tickets to a child.

Just knowing that changing a Will is fairly easy should put your mind at ease. But how do you know when to change it? That said, there are a handful of specific times that really would dictate taking the time to review and update not just your Will, but all of your Estate Planning documents.

These major life events could include:. Marital changes: Marital status is one of the most obvious and common reasons for amending a Will. You should know if you live in a community property or common law state as well. The court can't honor something that no longer exists, and your witnesses can testify to the occasion in court if need be.

Just make sure you destroy any existing copies. Actively scan device characteristics for identification. Use precise geolocation data. Select personalised content. Create a personalised content profile. Measure ad performance. Select basic ads. Create a personalised ads profile. Select personalised ads. Apply market research to generate audience insights. Measure content performance. Develop and improve products. List of Partners vendors.

Financial Planning Estate Planning. Table of Contents Expand. Table of Contents. How to Change a Will. Create a Will Codicil. Make a Personal Property Memorandum. Write a New Will. By Julie Garber. Julie Garber is an estate planning and taxes expert with over 25 years of experience as a lawyer and trust officer.