Enriching Life Through Innovative Ideas SM

MAKING CHANGES TO A WILL

Circumstances are always changing and it is important to understand how you can make amends and updates to your will. There are many circumstances in which changes must be made to a will including, but not limited to:

  • Changing the heirs of a will
  • Getting married or divorced
  • Redistribute assets
  • Changing or adding an alternative executor
  • Changing or adding beneficiaries to a will
  • Change in ownership of property listen in the will
change-300x199.jpg

• Naming a different guardian or removing the guardian when your child is no longer a minor.

Amending a Will

There may be a time in your life when you realize that the will you previously wrote does not meet your needs anymore. If your will is not changed to meet your current situation, the will may not be valid in court.
One way of making a change to a will it is to make a codicil, which is an amendment to your will. This is an easy way to make small changes to a will. Writing a codicil allows you to alter certain parts of the will that you wish to change and allow you to update your will to your current situation. This document is separate from the will, and has the ability to add, remove, or make changes to the will without revoking it entirely.

A codicil will indicate that you have updated your will and list all of your new arrangements. The document is presented along with the will in probate court and will notify the court of your changes. The process of writing a codicil is similar to the process to writing a will. It is required that the codicil be in writing and signed by the writer of the will, also known as the testator. Furthermore, the testator must have been mentally sound when writing the codicil and there must be two witnesses present during the signing.

Creating a New Will

Sometimes, the changes in one’s situation are so drastic that it may be more convenient to revoke the old will and write a completely new one. It may be necessary especially if you are making several changes, or if you already have more than one codicil. A new will may be a better option, as it will reduce confusion while in probate. A codicil could be potentially misinterpreted by the probate court, so it may be safer to draft a brand new will.

A will can be revoked simply by destroying, defacing, burning, or ripping it. It is best not to destroy the will using these methods because there may be other hard copies of the will that still exist. Instead, a person should amend a will or to write a new one before doing so to ensure that his or her assets will be protected after death.

Since the requirements of a codicil are similar to that of a will, many opt to write an entirely new will. The codicil must address whether it replaces parts of the first will, negates a certain clause, or simply an addition to the will. There is virtually no advantage to a codicil, and it may cause confusion. Any confusion in probate court will increase the amount of time it takes your beneficiaries receive your assets.
Reviewing your will every few years will allow you to decide if you feel the need to make amendments. If your circumstances change, it may be in your best interest to create a codicil, or a new will altogether.

FindLaw Network

What Our Clients Say

Starting a new business can be a bit scary. Aside from worries of failure, there’s also the hassle of making sure all legal paperwork are properly filed. I reached out to Mr. Wang (Tommy) because of his excellent reviews and reputation and I am so glad I did. He was thorough and meticulous in answering all of my concerns and took time to find out special laws and policies regarding the kind of business I am starting. I could focus on the daily practical side of starting my new office without worry because I felt Tommy was reliable and took my case seriously. My business is opened and it’s all been a smooth start because of Tommy’s help. I have plans to start another business venture in the next few years and I already know I’ll be coming back to Wang IP Law.

The Shindig W.

I came to Tommy for help reviewing a licensing agreement I had secured with a well-known manufacturer. Tommy made sure I understood all the details in the contract and he negotiated with the company to improve my side of the deal. I mentioned to Tommy at my first consultation that we were looking to expand throughout the US and were investing a lot of money to make a big entrance into the market. I did not think I would have my store open so soon but Tommy also has connections with the local area and realtors to help me secure the location for my first store in the Los Angeles area. Tommy works a lot with the local businesses and he understands how to transition from the Asian market to US market. Within 8 months my store was open for business and fully operating. I must recommend Tommy to any business owners looking for help with contracts and improving their side of the deal. Tommy has the knowledge and experience to make sure there is a smooth process to open for business here, and make sure that your company is set up for success.

LI H.

I think Tommy and his team by far considered the best people to work with in my 16 business years. Beside quick responses to all my inquiries, they also done things right and providing very professional solutions. I’m highly recommending Tommy and his firm to all business owners.

Calvin C.

I have been working on my Utility Patent for almost 4 years. I have hired and fired two very reputable IP firms because with all their expertise and reputation for being some of the top firms in IP Law, I felt a lack of connection and care in my product, time and financial investment. Then I found Tommy and his team. Tommy does not waste time. He and his team are professional and extremely thorough. After 4 years, I finally found a legal team that I felt spent the time to really understand the components of my utility patent. Tommy also very mindful of cost and how and where my money would be better spent. I really feel I am in great hands with Tommy and his team. They have been patient with my revisions. And most importantly, they made me feel that they fully understood the importance this patent is to me. It has been a great and comforting pleasure working with Tommy.

G.L.

Read All