How Do I Make Changes To An Existing Will?

As a rule of thumb, most people should change their wills at least once every five years. More frequent changes are necessary if the testator (persona who makes a will) undergoes major life changes, such as having a child or grandchild, or a financial reversal of fortune (positive or negative). Executing a will in Florida is a delicate procedure that must follow an exact process. The same things apply when people change their wills.

That being said, an Orlando estate planning lawyer has several options when it comes to revising or updating a will. The two basic options each have some pros and cons. So, changing a will, like making a will, is not a DIY project. If a skilled attorney is involved in the will modification process from start to finish, the extra time investment now avoids many unpleasant disputes later.

Add a Codicil

Quite simply, a “codicil” is Legalese for an amendment or supplement to an existing will. A codicil is definitely the easiest way to change an existing will. Many codicils add or remove beneficiaries, alter asset distribution, or change executor details. The procedure is often ideal for testators who desire to make minor changes but don’t want to reinvent the wheel.

A codicil must clearly reference the original will, preferably by name and date. Furthermore, it must both change specific provisions and state that the remainder of the will remains as is. In terms of execution, codicils and wills must adhere to the same rules. Testators must sign them in the presence of witnesses (usually two).

Codicils are usually a good idea if the testator wants to make minor changes, as mentioned above, and the estate is very large, so making a new will is too time consuming.

Make a New Will

Codicils are convenient, but they usually create a great deal of confusion. The late, great Aretha Franklin, who died in 2018, is a good example. Her estate wound its way through the probate process and the judge was about to close the matter. Then, one of her heirs came forward with a handwritten codicil that was found in a spiral notebook under one of Franklin’s couch cushions.

The discovery completely derailed the process. Several years later, in 2023, a Michigan jury ruled that the 2014 document superseded the legend’s 2010 will.

For this reason, even if the testator has a large estate and just wants to make a few minor changes, we always recommend new wills. All wills include a clause that states something like “I hereby revoke all previous wills and codicils made by me.” You can’t get any clearer than that.

In some jurisdictions and in some cases, that assertion of revocation is sufficient. However, the better practice is to physically destroy all former wills and codicils. In these circumstances, if a disgruntled heir later comes forward with a “copy” of a “codicil” or “will,” the claim usually won’t hold up in court.

Two final notes. The requirements for witnesses vary by jurisdiction, so it’s important to ensure that your changes are made in compliance with local law. If you’re changing your executor or adding one, ensure they are willing to serve in this role before finalizing your changes.

Work With a Dedicated Orange County Lawyer

Comprehensive estate plans address issues that affect the living and the dead. For a confidential consultation with an experienced guardianship lawyer in Orlando, contact Gierach and Gierach, P.A. We routinely handle matters throughout the Sunshine State.

Source:

aarp.org/money/personal-finance/times-to-update-your-will/