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Overview
Changing and Updating Wills
The provisions of a will are valid until they are
changed, revoked, destroyed, or invalidated by the
writing of a new will. Changes or additions to a will
can be included in a document called a codicil. Codicils
must be written, signed, and witnessed in the same way
as wills. Wills cannot be changed simply by crossing
out existing language or writing in new provisions.
In order to avoid making a new will or codicil each time
a person's possessions change, a will can specify that
personal property is to be distributed according to
instructions outlined in a separate document. A person
can then revise the separate document as often as
necessary, without observing all of the formalities
required to change the will itself.
If someone dies with a will that is not up-to-date,
people may not be provided for adequately. For example,
a person chosen to be a personal representative or
guardian may have died or fallen out of favor with the
author of the will, or a favorite charity may no longer
be in existence. A significant amount of case law has
dealt with how a probate court is to proceed with a will
that has become unenforceable because of changed
circumstances. These headaches can be avoided if a
will is reviewed at least every two years and
revised for major changes in tax laws or for personal
events such as births, deaths, marriages, divorces, or
significant changes in the size of the estate. It is
also a good idea to review a will if its author moves to
another state, because the new state of residency may
have different inheritance and tax laws.
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