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What happens when you need to make changes to a will? First of all, congratulations on already having a will! But as life goes on you may change your mind about the particular provisions in your will. Minor changes to a will can be done through a codicil. A codicil is a legal instrument that modifies a previous will.

COMMON WILL CHANGES

Typical changes to a will might be changing an executor or personal representative. Or changing a beneficiary if they die before you or your relationship changes. Furthermore, you might want to change the guardians of minor children. There are other times when you should consider updating your will.

CHANGES TO A WILL

You may make changes to a will whenever you like. Again, if it is a minor change, such as a change of personal representative or beneficiary, it can be done with a codicil which shouldn’t cost much.

Be aware, however, an attorney who did not originally draft your will may not want to draft a codicil to your original will. By doing so, they are endorsing another attorney’s work, which they may be reluctant to do. They would rather redraft your entire will because it will be the new attorney’s own work product in which they are familiar. Therefore, for a minor change to your will, it is most likely to be cheaper to go back to your original attorney.

If you have a new will prepared, it will have language such as, “I hereby revoke all prior wills and codicils previously made by me.” You should destroy your old will to avoid it being confused with your new will. It is invalid anyway.

DO NOT MAKE ANY CHANGES OR NOTES ON YOUR ORIGINAL WILL!

Handwritten changes or crossing out provisions to your will are not enforceable. It may be considered in some jurisdictions as “revoking” your will. At best, the handwritten changes will cause confusion, litigation, and possibly unintended results. At worst, the changes or markings will be considered as a total rejection of your will and it will be revoked. A codicil has certain requirements to be enforceable with your will, such as the required witnesses.

WHEN TO MAKE CHANGES TO YOUR WILL

Review your estate plan every 3-5 years and make any necessary adjustments. Determine if you need to make changes to a will by asking:

• Are the guardians of your minor children still alive?

• Are the guardians still who you want?

• Is your personal representative still alive and still who you want?

• Are your beneficiaries still alive (and in good favor with you)?

• Would any of your dependents benefit from a Special Needs Trust?

• Is the disposition of your estate still in keeping with your wishes?

Consult an estate planning attorney if you need to make changes to a will. They will walk you through the process and make sure the changes are correct and enforceable.

Parts of this article have been excerpted from Estate Planning for the Sandwich Generation: How to Help Your Parents and Protect Your Kids.

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