Modifying a Will or Adding a Codicil

Having a will is an incredibly important document that a person should have during their lifetime because it documents how their property or money should be divided upon their death. If a person dies without having any type of will, then their state’s laws of intestacy will take effect when it comes to dividing money and property. Creating a will can be a difficult thing to do, but with the help of an attorney, the process can be simple and easy to accomplish. A will should always be tailored to a person’s current family situation and a person’s financial situation, not the one that the person was subject to five years ago or even one year ago.

Changing a Will

How does one know when it is time for changing a will? This can be an easy thing to determine for some but difficult for others. There are a couple of obvious scenarios that force a person to change their will. These scenarios include getting married, having a new partner, getting divorced, having a new child, having new stepchildren, the acquisition of new assets, the loss of assets, changing one’s mind about who is named in the will and much more. It is recommended that people review and revise their will at least once every handful of years. Now, if that person has not acquired or lost any property since the previous revision then nothing should be changed.

Adding a Codicil

One way to change a will is to add a codicil to the will currently in place for a testator. A codicil is known in the legal world, as a ‘P.S.’ This section will say that a part of the will is revoked or will add a provision to the will. Many people add a codicil when they want to add a new gift to the will or add another piece of property to the will. Codicils are no longer common in the changing of a will because it would be easier to create a new will altogether. The other way to change a will, and the easiest way to do so, is to create an entirely new will. In the new will, a statement should be made claiming that all other old wills and codicils are null and void.

Obtaining Legal Help

If you or a loved one is considering changing a will, contact a wills and inheritance attorney immediately for expert legal counsel regarding your case. An attorney will be able to answer all of your questions, edit your current will, or help you create a brand new will. The new will has to be signed and notarized in front of witnesses just like the original will, which the attorney will be able to help with as well.