November 8, 2017
How Can you Change a Will?
When you need to change your will, there are a few ways that you can accomplish your goal depending on your circumstances.
Execute a New Will
The first way you can change your will is to execute a new will. If the changes to be made are major, it would be advisable to make an entirely new will to avoid any confusion. The first clause will always revoke any old wills, thus making the current one the only enforceable will.
Add a Codicil
The second way to change your will is by adding a codicil, which is generally recommended when there are minor changes to be made. A codicil is similar to an amendment or addition to your will. A codicil is used to revoke part of your will or add a new provision. To be valid, they must be dated, signed and witnessed just like a legal will.
Revoke a Will
Lastly, if there is a section of your will you want to revoke it is not valid to cross it out. However, physically tearing up a will can validly revoke it, provided it was your intention to revoke the will. If no new will is made to take place of the destroyed one, then what happens to your property will be determined by rules set down by statute which may not be what you wish to happen.
At Davis, Upton & Palumbo LLC, our Estate Planning Attorneys will explain your options to you and assist you in making what can sometimes be very difficult choices. To learn more about our Will and Probate practice area click here or contact us today!
These videos are for general information only and are not intended to address your specific legal situation or offer legal advice. Viewing these videos does not create an attorney/client relationship.