How to Update or Change Your Will

How to Update or Change Your Will

Life changes constantly. Your will should reflect these changes too. Think of your will like your phone's software - it needs regular updates to work properly and protect you from security vulnerabilities. Whether you got married, had kids, bought a house, or experienced other significant life events, keeping your will current ensures your wishes are followed exactly as you intend.

Here's the thing: you absolutely cannot just grab a pen and scratch out names or make handwritten corrections. There are specific legal ways to update your will that courts will recognize and enforce. Let me walk you through everything you need to know about this crucial process.

When You Need to Update Your Will

Certain life events should automatically trigger a comprehensive will review. These aren't just gentle suggestions from estate planning experts - they're really important legal and financial considerations that could affect your entire estate:

• Marriage or Divorce: Your spouse's legal rights change everything about inheritance law. Some states automatically revoke parts of your will after divorce, while marriage can create new spousal rights.
• Birth or Adoption: New children need protection, guardianship provisions, and inheritance planning that reflects your growing family.
• Death of Beneficiaries: If someone named in your will dies, you need backup plans and contingent beneficiaries to avoid complications.
• Major Asset Changes: Bought a house? Started a business? Inherited money? These significant changes need to be properly addressed in your estate planning.
• Moving States: Different states have vastly different laws about wills, inheritance, and probate procedures that could affect your document's validity.
• Changed Relationships: Maybe you want to include new family members, friends, or charities, or remove others due to relationship changes.
• New Executor Needed: Your chosen executor might not be available, willing, or capable anymore due to health, location, or other factors.

Two Main Ways to Update Your Will

You have two primary options for making changes to your existing will. Each approach works better in different situations, and choosing the right method depends on the extent of your changes.

Option 1: Create a Codicil

A codicil is essentially an official amendment to your existing will. It's perfect for small, targeted changes that don't require overhauling your entire estate plan.

Real-world example: Sarah's will originally left her jewelry collection to her sister. After they had a serious falling out over family finances, Sarah created a professionally drafted codicil redirecting the jewelry to her daughter instead. The rest of her carefully planned will stayed exactly the same, saving time and money.

Codicils work exceptionally well when you're making simple updates like:

• Changing a specific beneficiary for particular items or amounts
• Adding small monetary bequests to friends, family, or charitable organizations
• Updating an executor's contact information or address
• Making minor adjustments to existing asset distribution percentages

Critical legal note: A codicil requires the same rigorous legal requirements as your original will. That means proper witnesses, notarization where required, and signatures following your state's specific laws.

Option 2: Write a Completely New Will

Sometimes starting fresh is the smartest approach. A new will completely replaces and supersedes your old one, giving you a clean slate for estate planning.

Consider drafting an entirely new will when you have:

• Multiple substantial changes affecting different sections of your current will
• Major life changes like remarriage, which often requires comprehensive estate planning adjustments
• Significantly different asset distribution plans that reflect new priorities or family circumstances
• An older will that has become confusing due to previous amendments or changing laws

Step-by-Step Update Process

Here's exactly how to properly update your will using proven legal methods:

Step 1: Thoroughly Review Your Current Will

Read through everything carefully, line by line. Make detailed notes about what needs changing, including beneficiaries, asset descriptions, and distribution instructions. Don't forget to check if your chosen executor and any named guardians are still appropriate choices for these crucial roles.

Step 2: Decide Between Codicil vs. New Will

Ask yourself honestly: Are these small tweaks or major overhauls to your estate plan? When in doubt, a completely new will is often cleaner and less confusing for everyone involved.

Step 3: Draft Your Changes with Precision

Be extremely specific and crystal clear in your language. Vague or ambiguous language causes expensive legal problems later during probate. Instead of writing "some money to charity," be precise: "$5,000 to the American Red Cross, Tax ID #12-3456789."

Step 4: Follow All Legal Requirements Carefully

Your state has very specific rules about witnesses, signatures, notarization, and document formatting. Don't skip or modify these steps - they're exactly what make your will legally valid and enforceable in court.

Step 5: Properly Execute the Document

Sign your updated will or codicil in front of the required number of witnesses as specified by your state law. Make sure everyone present understands exactly what they're witnessing and their legal responsibilities.

Step 6: Safely Destroy Old Versions (If Applicable)

If you created a new will, you must safely destroy all copies of the old one to prevent confusion later. This includes copies held by family members, attorneys, or stored in safe deposit boxes.

Important Legal Considerations to Remember

Never, under any circumstances, make handwritten changes directly on your existing will document. Courts might reject the entire document as invalid, leaving your estate in legal limbo.

Store your updated will in a secure but accessible location. Clearly inform your executor where to find the original document. Consider providing copies to trusted family members or your estate planning attorney for safekeeping.

Review your will comprehensively every three to five years, even without major life changes occurring. Laws change frequently, and so do personal and financial circumstances that might affect your estate planning goals.

Understanding the difference between a will and a trust can also help you determine if your estate planning strategy needs broader changes beyond just updating your will.

When Professional Legal Help is Essential

Some complex situations really require an experienced estate planning attorney's expertise and guidance:

• Complex family situations involving blended families, step-children, or contentious relationships
• Significant assets, business ownership, or real estate holdings that require sophisticated planning
• Tax planning concerns, especially for larger estates subject to federal or state estate taxes
• Questions about your specific state's law requirements, which vary significantly across jurisdictions
• Existing or potential disputes among beneficiaries that could lead to will contests
• International assets or beneficiaries living in other countries

If you're also considering other estate planning tools, you might want to learn how to make a living trust to complement your updated will.

Common Mistakes to Avoid

Don't make these costly errors that could invalidate your will updates:

• Using correction fluid, erasers, or cross-outs on the original document
• Forgetting to properly witness or notarize changes according to state requirements
• Keeping multiple versions of wills without clearly indicating which is current
• Failing to inform key people about updates to your estate plan
• Making changes when under duress, illness, or mental incapacity

Organizing Information for Your Heirs

After updating your will, it's equally important to organize your information for your heirs. This includes creating a comprehensive list of assets, account numbers, passwords, and important contacts that will make executing your will much easier.

Final Thoughts on Will Updates

Updating your will doesn't have to be intimidating or overwhelmingly complicated. The key is approaching it methodically, doing it properly according to legal requirements, and not putting it off indefinitely. Your future self and your family will genuinely thank you for keeping everything current and legally sound.

Remember this fundamental truth: A will that accurately reflects your current wishes, circumstances, and family situation is one of the most valuable gifts you can give your loved ones. It eliminates guesswork, prevents family disputes, and provides clear guidance during an already emotionally difficult time after your passing.

Arya Firoozmand, Esq. Arya brings clarity, accessibility, and innovation to streamlining the estate planning process for his clients. Learn More

Disclaimer: The content on this blog is for general informational purposes only and does not constitute legal advice. Reading this material does not create an attorney-client relationship with ElmTree Law. For advice regarding your specific situation, please consult a qualified attorney.