If an estate plan is not kept current, it can become useless. However, it is important to keep in mind changing a will is not a “do-it-yourself” process. Generally, any changes to your will must be made with the same formalities as the will itself, including witnesses and signature.
In the past, some people have tried to make changes to their will by simply “crossing out” some parts and writing in others. Not only are these changes unlikely to be legally effective, but in some circumstances they can result in the entire will being declared invalid. At the very least, they can result in a lengthy and expensive court proceeding to sort out your wishes.
If you only want to make a simple, specific alteration – such as naming a different executor or updating a child’s name that has changed – a codicil may be appropriate. A codicil is a separate, short document that makes an amendment to the will. It must be formally dated, signed and witnessed. You must attach it to your will.
If you have a significant change to make to your will, such as adding or removing a beneficiary, or if you have more than one change to make, it is generally better to simply write a new will. The updated will should include the date and a clear statement that all previous wills and codicils are revoked.
As always, before you make any changes to your will, you should consult an attorney.
Ms. MacDonald’s practice is limited to Estate Planning, Probate, Elder Law and Trust Administration. Ms. MacDonald maintains her practice in the Santa Clarita Valley at 25115 Avenue Stanford, Suite A-209 in Valencia. She can be reached at 661-294-6464.