It’s important to have a will, but your life can change after you have written one. This is why wills are not necessarily set in stone. If you want to revoke or cancel a will, you can. However, there are some things that you should know about changing your will and what a Rockland County estate planning attorney can do to help you.
Do I Have to Revoke or Cancel a Will to Make Changes?
You don’t have to outright revoke or cancel a will in order to make a change. In some cases, you can just make a small change to the document using a “codicil.” This is essentially an addendum to your will that would help clarify your last wishes.
An issue can arise if you make too many edits though. If you have issued codicil after codicil and your will has become an unwieldy document that could potentially result in more confusion than clarity, then it may be time to revoke or cancel it.
Do I Have to Destroy a Will After I Revoke or Cancel It?
It is often recommended that you destroy any old copies of your will once you have made any major changes to it. After you revoke or cancel it, you can have any copies shredded and safely disposed of.
This is helpful because it can reduce any confusion if two different wills are found. Even if both documents are dated and it’s clear which one you wanted to use, someone might still try to use an older will to try and challenge your most recent one. This can lead to probate litigation and a big headache for your family. We recommend destroying the will after you revoke or cancel it and making sure that any new document is dated so that your last wishes will be obvious to anyone who reads it.
When Are Some Good Times to Change a Will?
You don’t have to tinker with your will constantly, but there are a few times when you might want to make edits or revoke or cancel your current will. Some good times to make adjustments include:
- After the death of your spouse
- When you remarry
- If another close family member, like one of your children, passes away
- If your financial situation dramatically changes
- When you get a divorce
If you leave your will in place and don’t edit it after major life events, you may not like what happens to your estate. Imagine divorcing your spouse but never updating your will. They would end up getting a variety of assets that you probably would no longer want to give to them.
Contact Our Law Firm
If you want to learn more about wills and estate planning, contact the Lauterbach Law Firm. We can help you edit or revoke a will, or we can help you write one if you don’t currently have one.
