Six Facts about Modifying a Will in California

As time passes and life changes, your Orange County will may need to be updated. Wills are often revised to change an executor or guardian of minor children, update the beneficiaries, make specific gifts of property, or change names or addresses. Depending on the extent of the desired revisions, the will can either be amended, or it can be revoked, and a new will can be executed in its place. An experienced Anaheim estate planning lawyer can advise you as to whether a codicil or full restatement would be best for your situation.

The following is an overview about the process for updating your will in Orange County:

  1. California wills can be updated, modified, or amended at any time during the life of the testator.
  2. A will can be revised by drafting and executing a codicil.
  3. A will can also be updated by revoking it and executing a new will.
  4. A codicil is an amendment to the will.
  5. A codicil must be executed with the same requirements as the execution requirements for a valid will, as outlined in the California Probate Code.
  6. A will cannot be updated by crossing out words, making notes, or adding handwritten corrections.

Updating your will as life or goals change is very important. If you don’t properly update your will, your assets may pass in a different way than what you desired. Fortunately, the process for modifying a will is not difficult when guided by an experienced Orange County estate attorney.

To learn more about the process of updating a will, view our free pamphlet, “The Ten Things You Must Know Before Creating (or Amending) Your Will or Trust.” Our office of experienced Anaheim estate planning attorneys can help guide you every step of the way to ensure that your wishes are carried out. Call our office today at (714) 459-5481 for a consultation.

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