How to Change Your Will
If you plan to make changes to your will, review the following suggestions for help getting started:
1. Review a copy of your current will. If you have a living trust or another type of trust in your estate plan, review the trust document along with the will.
2. Write a list of all the changes you want to make. If you have questions about the changes, write a list of your questions.
3. Make an appointment with an estate planning attorney licensed in your state to review the changes you wish to make to your will and how they might impact your overall estate plan. Ask the attorney whether any updates should be made to your estate plan based on any changes in state law since the date you executed your existing will or trust. Obtain a fee quote to have a codicil or new will drafted, along with any other documents recommended by your attorney.
4. If you are unable to pay an attorney to assist you with the changes to your will, you still have several options to have your codicil or new will drafted. Contact your local legal aid office to see if you qualify to have them assist you. Review your employee benefits package to determine if you have a prepaid legal services plan that pays for you to consult an attorney. You can also contact a self-help legal services provider such as LegalZoom for assistance preparing a codicil or new will.
5. Do not attempt to amend your will without an attorney or professional estate planner. A codicil to a will must be executed in accordance with the same formalities as a will. It is extremely common for people to attempt to change their will without professional help and make errors that invalidate the will or result in an expensive will contest. Unfortunately, these errors are usually not discovered until the testator has died.
For more information about amending your will with a codicil or revoking an existing will to make a new one, visit our Codicils and Amendments page.
Reasons You May Want to Change Your Will
Because a will is your own unique last testament, you can revise it, destroy it or make a new one at your discretion. The most common reasons for changing a will include:
Disinheriting an adult child, ex-spouse, grandchild, sibling, parent or other heir;
Making a charitable gift to a non-profit organization, university, hospital or other institution;
Changing a basic will to a pour-over will after establishing a living trust or other type of estate planning trust;
Updating a will after the birth or adoption of a child or grandchild;
Updating a will after marriage, domestic partnership registration, separation or divorce;
Updating a will after moving to another state or country;
Revising a will to change the executor, trustee or child guardian;
Revising a will to add a pet trust or change the name of the pet caregiver; and
Updating a will to reflect a change in financial situation, such as the sale of property that was part of a specific bequest, or adding a specific bequest of newly acquired property.
Issues to Consider Before Changing Your Will
While you can change your will at any time, the process of making a codicil or executing a new will does not lend itself to frequent revisions. You should review your will every year or two to make sure it is still current. However, you should only need to amend or replace your will once every five years or ten years, unless you experience important life events such as marriage, divorce, birth of a child, death of a loved one or a change in financial status.
When you make a codicil or execute an entirely new will, you must invest several hours of your time to review your existing estate planning documents and the revisions you plan to make. You will also need to go through the appropriate will execution formalities, such as signing the will in front of witnesses and a notary, depending on the requirements of your state. You may need to pay an estate planning attorney to draft the codicil or will and advise you on how you’re the proposed changes may impact your overall estate plan. In addition to attorneys’ fees, there are other costs associated with amending your will, such as notary fees and the costs associated with revising any other documents in your estate plan, such as a living trust.
If you are revoking or changing your existing will to remove someone you previously designated as your executor, trustee, child guardian or pet caregiver, make sure you have carefully considered the change before taking action. If your reasons for choosing a replacement are the result of a disagreement with a friend or relative, think about whether your feelings are likely to be resolved in the near future. It is generally not a good idea to make hasty decisions about changing your will. It is very difficult to find an individual qualified to administer your estate, manage trust funds, or agree to care for your child or pet. Take the time to determine if you have a good replacement available before removing a designated executor or guardian from your will.
If you are planning to cut a child or grandchild out of your will, make sure you have taken a reasonable amount of time to consider your decision. Are you reacting out of hurt or anger over something that is likely to seem trivial a few months from now? Have you evaluated the situation from the perspective of your heir? Is the change one you will still be comfortable with five years from now? It is extremely common for parents and grandparents to change their estate plans to disinherit children or grandchildren over perceived slights, shortcomings, or disappointments. Too often, the testator who has made a new will to disinherit a relative ultimately ends up going through the expensive process of revising his will again to put his loved one back in his will after a change of heart.