Changing Your Will

When and how to alter or rewrite your will.

The law allows you to change your will in one of two ways. You can amend your will by creating a document called a codicil. A codicil is a separate document which you attach to your will that changes one or more of its provisions. To be valid, a codicil must be executed the same way your will is executed, that is, you have to sign it in front of the required number of witnesses, and they have to know that the document is a codicil to your will. I don't recommend using a codicil to change your will. Codicils can get lost or separated from the will to which they are attached, and they may unintentionally contradict some other term of your will in a way that will lead to disputes and delays in the distribution of your estate.

The other way to change your will is to write a new one, including the statement that it revokes all your previous wills. If you choose this method, it's still a good idea to destroy the signed original of your previous will, as well as any unsigned copies, to further ensure that there won't be any confusion about which will is the one you want to take effect.

Never try to change a will by making erasures or lining through provisions. Doing so may invalidate your entire will, which means your estate will pass according to the laws of intestate succession in your state.

When should you change your will? The answer depends chiefly on your own circumstances, but in general you may want to consider changing your will in any of the following circumstances:

• When a beneficiary you've named dies before you do;

• When the financial circumstances of a beneficiary change significantly (such as when someone you've named to receive a large amount of property receives a financial windfall from another source that makes your gift unnecessary);

• When your own financial circumstances change, or when you dispose of property that you intended to leave to another in your will;

• When you marry;

• When you divorce;

• When you move from one state to another.