Revoke or Revise: Which Is Right for Your Will?

Once upon a time your current will was adequate and met all of your needs. When you created your estate plan your will distributed your personal property the way that you wanted it to be divided after your death. However, circumstances have changed and you want some, most, or all of your property to go to specific beneficiaries who are not currently named in your will.

What Should You Do?

Generally, it depends on how many changes you are planning to make to your will. If, for example, you just have a few changes then you may be able to revise your will through the use of a codicil. It is important, however, that the codicil be formally executed, just as your will was, so that it is binding and enforceable after your death.

If, however, you have undergone a major life change, such as a divorce or a marriage, then you may need to consider revoking your entire will and starting again. There may be some provisions that carry over from your old will to your new will, but it may be less confusing if all of your wishes are together in one document.

How to Get Started Making the Right Changes

Before you decide whether to revise your will, revoke your will, or leave your current will alone, read our FREE pamphlet, The Ten Things You Must Know Before Creating (or Amending) Your Will or Trust, and browse the related links section provided on this page to learn more about changing your will.

 

James F. Roberts
Founder and owner of the Law Office of James F. Roberts and Associates, a premiere estate planning law firm
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