Many people write wills and never have to worry about changing them. That might not be true for you though. You should know how to update a will and when it’s a good time to make a change. A Des Moines estate planning lawyer can help you learn more.
How Can I Update My Will?
You usually have two options when you want to update your will. The first is to use a codicil. This is essentially an add-on to your existing will. This can be a great way to make a small change, but you don’t want to make too many changes in this manner. Things can get confusing if you keep adding codicil after codicil, and it may be hard to keep everything organized.
That’s when the second option might be a better idea. You could just write a new will. We recommend destroying the old will if you go this route. The presence of two wills can cause confusion after you pass away. Even if both documents are dated, someone could try to use an old will to challenge the new one. It’s just not a potential complication you want to leave on the table.
The rules about how to update a will are similar to those concerning how you write a will in the first place. Whether you write a brand new will or use a codicil, you need to have witnesses. They should not be related to the will in any way, meaning that they should not be beneficiaries.
When Should I Update My Will?
There are many events that could trigger a change in your will or your general estate plan. We recommend looking over your estate planning documents if:
- There is a death in the family
- A new potential beneficiary is born
- Your financial circumstances drastically change
- You get a divorce
- You get remarried
- There’s a falling out with a family member or close friend
Any of these events could upend your plans for how to distribute your assets after you have passed away. You should make sure that your will reflects your new circumstances and that any update that needs to be made gets taken care of promptly. It can also be a good idea to review such documents each year, even if you don’t think that any big changes need to be made.
Do I Need a Lawyer?
We do recommend having a lawyer help you with your will and your estate plan in general. An experienced lawyer can help you ensure that your will and any updates to it are legally binding. Make a will or codicil on your own and forget to abide by state laws and you could be leaving behind a confusing situation for your loved ones.
Contact Our Law Firm
If you have any questions about wills and how they can be updated, contact Herting Law, PLLC. We are ready to help you make an estate plan that meets the unique needs of you and your family.
