Clients frequently inquire about changing their wills after significant events in their lives such as marriage, birth of a child or death of a beneficiary. <\/p>\n
A person can change their will as long as they possess “testamentary capacity,” a legal term that means that they have a general understanding of three things: what their assets are, who society would consider the natural objects of their bounty and what their will provides.<\/p>\n
You should not attempt to change a will by making notes in the margins of a previously signed and witnessed will as any such changes will not be effective. Also, any notes or memos attached to a will will not be valid unless they have been signed with the same legal formalities as a will.<\/p>\n
An existing will can be amended by signing a codicil (an amendment) to the will or by signing a new will, which revokes the prior will. In both cases, the codicil or the new will must be executed with the same legal formalities, i.e., signed before two witnesses.<\/p>\n
An attorney can help you decide whether a codicil to a will or new will is appropriate in your circumstances.<\/p>\n","protected":false},"excerpt":{"rendered":"
Clients frequently inquire about changing their wills after significant events in their lives such as marriage, birth of a child or death of a beneficiary. A person can change their will as long as they possess “testamentary capacity,” a legal … Continue reading