Can I still amend my will after it’s been signed and witnessed?
The simple answer is yes, you absolutely can amend your will after it’s been signed and witnessed. Changing a will is a common process as life continues to evolve, and it’s known as making a “codicil.” Whether it’s because you’ve had a change in your financial situation, new family members, or simply evolving friendships and relationships, altering your will is something many people consider at various points in their lives.
Let’s explore how you can go about doing this and some important things to keep in mind.
Understanding the Codicil
A codicil is a legal document that is used to make amendments to a will. Think of it as an appendix that outlines the changes to the original document. It must adhere to the same formalities as the will itself, meaning it needs to be signed and witnessed. Most people use a codicil for minor changes, like updating the executor (the person who deals with your estate after passing) or changing guardians if you have young children.
For example, if you initially chose your best friend to handle your estate but they’ve moved far away and won’t be able to fulfill the role, you could use a codicil to substitute their name with someone else who is more conveniently located or better suited for this responsibility.
The Option of Rewriting Your Will
If you’re contemplating more substantial changes, however, such as altering significant portions of your distribution scheme, it might be more efficient to rewrite your will entirely. This is especially true if you anticipate making multiple amendments, as numerous codicils can become confusing for both the executor and the beneficiaries. By creating a new will, all previous versions, including any codicils, become void, providing a clean slate with clear instructions.
Imagine that you’ve had a major change in your family dynamics. Say you have a new grandchild, or a significant change in your assets like selling a property or investing in something substantial—you might find that writing a whole new will better represents your current wishes.
Steps to Amending Your Will
Here’s a straightforward guide to help you through the process:
1. Review Your Will Regularly: It’s smart to review your will periodically, possibly every few years, or whenever significant life changes happen like marriages, divorces, births, or deaths.
2. Consult with a Legal Professional: Before committing to any changes, it’s beneficial to speak to an attorney who specializes in estate planning. They can provide insights into tax implications and ensure that your amendments meet legal standards.
3. Prepare the Codicil or New Will: Decide whether a codicil will suffice or if a completely new will is the best course of action. With the help of your attorney, prepare the document.
4. Sign and Witness the Document: Just like your original will, any codicil or new will must be signed by you in the presence of witnesses. Generally, two witnesses are required, and they should be individuals who do not stand to benefit from the will.
5. Inform Your Executor: Let the executor of your will know about any changes you make and where they can find the latest version of your will. Making sure they are informed helps ensure your wishes are carried out smoothly.
A Few Practical Tips
- Clear Communication: Clearly state which parts of the will you are altering. Ambiguity can lead to disputes or misinterpretation.
- Store Safely: Once amended, ensure your will and any codicils are stored safely. Usually, your attorney will keep a copy, and you should store another in a safe place. Ensure someone you trust knows where it is.
- Update Regularly: Especially after major life changes, don’t forget to update the document. Keeping your will current is one of the best ways to ensure your assets are distributed according to your latest wishes.
By staying informed and proactive, you can ensure that your will accurately reflects your desires throughout the changes in your life. Whether you choose to make minor tweaks with a codicil or overhaul your will entirely, the key is to approach these changes thoughtfully and with the right legal guidance.
