Wills are not meant to be a one-and-done component in estate planning. A beneficiary dying, assets growing, or a grandchild going bankrupt can all be reasons to have a will changed. Depending on the severity of a change, depends on the work it will take to change a will. The best course of action depends on the changes you want to make. 

Changing a Will is Not a DIY Project

     Unfortunately, drawing a line through the parts of a will you no longer want will not work. When signing a will, you should have had 2 witnesses and a notary sign the document. Striking through text in a will with no notary or witness present is not a proper change. Without the presence of witnesses declaring you of sound mind at the time of change the validity could be easily challenged.

     You may have also dealt with property whose disposition has just been changed. This means it could go to someone who you had not planned to receive it. In the event it will likely end up in court where the effect of the cross out will be argued by an attorney, which will only add to the costs and time it takes to settle an estate. 

Using Codicils to Alter a Will

     A better option for minor changes to a will would be to have an attorney formally amend the will. This is called a codicil.  A codicil can add to, remove, or elaborate upon certain provisions already in the will. This must be formally executed, and competency requirements still apply.  

Revoking a Will by Destroying It

     There is also the option of destroying a will. This can be a more tricky process, and someone may still try to probate an existing copy after you die. If you wish to revoke your will and default to the state’s intestacy statutes, then you can destroy all copies to obtain this result. However, you may not be able to account for every copy created. In this case, it may not be best to pursue this option.   You might be better suited to put your assets in a trust.

Drafting a New Will

     Some changes require drafting a new will while revoking the old one. Having all the accurate provisions in one document can help minimize confusion. Starting from scratch provides the opportunity to update the will not only to reflect your wishes but also current tax and property laws. 

    A new will can cancel the old if written with care. A well-drafted will should always include the statement “hereby revoking all prior wills signed by me” or something to that effect. This will ensure that this will is seen as a replacement and not an amendment to an existing will. However, if it is not written properly, the court could only apply the new will when it conflicts with the old one. 

    Making a quick and easy change to a will to save time and money in the short-run might cause costly issues down the road. The best way to protect yourself is to hire an elder law attorney. They will make sure that you have the best plan to protect you and your family’s future.