When you die, you can leave your property to specific people.After you create your will, your life will change a lot.You can sell or buy properties, divorce and remarry, or have more children.You should draft and execute an entirely new will if you want to update your will.
Step 1: You should read your current will.
You should keep your current will handy.Take out your copy and read it.Ask your lawyer for a copy if you don't have it.You can see which property is listed and who you have designated as the beneficiary.Do you want to change anything?All of your changes should be made at the same time.If you want to change the beneficiaries, you can.
Step 2: If you've sold property, check it out.
Since you drafted your will, you might have sold property.This is not a problem.There is nothing to give to the beneficiary if you no longer own something.If you have sold property, you might want to update your will.It is possible that you are trying to divide your estate equally between your children.If you sold large pieces of property, you might need to change the beneficiaries so that the property is more evenly divided between your children.It is possible that you will leave your primary residence to your oldest child.If you move, the property listed in your will as your primary residence is no longer yours.The new address of your primary residence needs to be included in your will.
Step 3: Do you know new property?
You might want to include new pieces of property in your will.The person you want to leave the property to is up to you.There is new property that includes tangible property like homes, cars, jewelry or money.If you gained new property, you don't have to revise the will.A bequest clause is something you should have in your will.You might have a house, two cars, cash, and jewelry at your death.The house and cars could be left to specific people.The cash and jewelry will become part of your residuary estate and will be distributed to whoever you name as the beneficiary.The beneficiary of your residuary estate will get the property if you buy it after you draft your will.If you don't want the beneficiary of your residuary estate to get the new property, you only need to update the will.
Step 4: New beneficiaries can be identified.
If you want to add someone as a beneficiary, you should update your will.Since you drafted your will, you might have married or had children.Maybe you married someone.You might have been single when you drafted your will.Your state law may allow your spouse to take part of your estate when you die.If the will is silent about what your spouse should receive, you could get 50%.This is not always the case.Updating your will is necessary in order to provide for your spouse.You may have had children after you signed your current will.If the new child was born after you drafted your will, your state might give him or her a share of your estate.You will probably want to revise the will.Updating the will to name new beneficiaries is probably needed if a child dies.
Step 5: Make a will after a divorce.
When you divorce, you might think that your will is not valid.This isn't always true.If you don't update your will, your ex- spouse could inherit property from you even after a divorce.After you divorce, you should change your will.You could die in the interim if you wait until you remarry.
Step 6: Change the person who is in charge of it.
A personal representative is the person charged with gathering all of your estate property, paying off your debts, and then distributing the remainder to the beneficiaries.If you want to change the executor, you should update your will.Someone may have died or become incompetent.The current executor might have told you that he or she doesn't want to do that anymore.The person should be asked if they want to serve.If you are named in the will, you have the option of declining to serve, so you want to make sure that whoever you name is willing to do so.
Step 7: Name new people.
The guardians were named in your will.You should update your will if you want to change the guardian.The person you appoint as guardian should want to serve in that role.
Step 8: There is a lawyer.
The best way to update your will is to meet with a lawyer.You might not have to update the will after meeting with the lawyer.If you used a lawyer to draft your will, you should get in touch with the lawyer.Call to discuss updating your will.You can schedule an appointment.Maybe you didn't use a lawyer to draft your will.You will need to get referrals to find a will attorney.Ask people if they would recommend their lawyer.It is possible to get a referral by contacting your state or local bar association.
Step 9: The codicil is used for small changes.
If you want to make a few changes to the will, you should use a codicil.deletions can be made in the existing will.Just like the will, a codicil is a legal document.You need to execute the codicil the same way you did the will.You will need witnesses to testify to your signature and also have the codicil notarized.
Step 10: Making handwritten changes is not advisable.
You might think you can make handwritten changes to your will by crossing someone's name or giving them a gift.You should not do this.A judge might decide the entire will is invalid if you write it on your will.You will not be able to tell the judge who you want to leave your property to.You will lose control of who gets your property.
Step 11: Title the book.
You should title the document "Codicil to the Last Will and Testament" at the top of the page.
Step 12: Write the opening paragraph.
The purpose of the opening paragraph is to state that you are executing a codicil.You have to identify the will you are amending.The sample language said: "I, Beth Smith, residing and domiciled in the City of Bangor, County of Penobscot, and State of Maine, hereby make, publish and declare this to be a Codicil to My Last Will and Testament dated."
Step 13: The additions or deletions should be identified.
You have to explain what provisions are in the will.The article and paragraphs should be identified.If you want to add something, you can write, "In article IV, Paragraph 1, I insert the following...."
Step 14: Re publishing the will.
You should republish the will after you add or subtract.If you add the following language, you can remake, re-declare, and republish my Last Will and Testament.
Step 15: Take signature lines and insert them.
A line is needed for your signature and date.In your state's law, you will need to add lines for witnesses.Most states have at least two witnesses.Look on your will to see how many people witnessed it.You will need the same number of people to witness your codicil if your state has suddenly changed the law.Each witness should have a signature line.
Step 16: A new will should be drafted for large changes.
Updating your will can be done by creating an entire new will.When you have large changes to make or are making several smaller ones, you should draft a new will instead of adding a codicil.If any of the following is true, you should draft a new will.A lot of your estate should be left to a new beneficiary.Your assets have changed.
Step 17: The same software program can be used.
You may have used computer software to draft your will.The same software can be used to draft the new will.If you didn't use software, you will have to update the will by typing a new version or editing the electronic version on your computer.You can ask a lawyer to draft a new will if they drafted the original one.Give your lawyer the changes you want.
Step 18: You are revoking your will.
You should state in the first paragraph of your new will that you are revoking any prior wills.You can make clear that you have a prior will by including this sentence.The sample language said: "I hereby revoking any and all old Wills that I have previously made."
Step 19: The will should be drafted.
If you save the prior will in a word processing document, you will be able to type up your own will.You can simply enter any changes you want to make.If you have to type it all over again, make sure you include all the information you put in the original will.You don't want to forget to include the names of your children's guardians in the new will.The guardians listed in that old will no longer be there because you are revoking your older will.
Step 20: The will should be shown to a lawyer.
It's a good idea to show your new will to a lawyer.The old will you want to revocation should be given to the lawyer.The lawyer can review the two to make sure you haven't forgotten anything.
Step 21: You should read your state's law.
What you need to do to make the codicil will be explained by your state law.You can find your state's requirements by searching for "your state" and " wills" on the internet.It can also tell you how to make a new will.You can speed up the will admission by including a self-proving affidavit.Without the affidavit, your executor would have to track down one of the witnesses to identify the signature on the will as yours.A judge will admit your will unless someone challenges it with a self-proving affidavit.
Step 22: People can get witnesses.
Two or more witnesses might be required by your state to witness the execution.The witnesses should not be people who are beneficiaries.If you leave property to your children, you should not have them serve as witnesses.The instrument was signed, sealed, declared, and published in the presence of each of us.
Step 23: A sign is in front of a person.
You will need to have a will or codicil.You can find a notary at a large bank or courthouse.The American Society of Notaries has a locator function on their website.You should use the internet to find an appropriate block for your state.Under the lines for witness signatures, put the notary block at the bottom of the codicil.Personal identification is required to show the notary.It is usually sufficient to have a valid driver's license or passport.
Step 24: A self-proving affidavit is needed to complete.
It's probably a good idea to include a self-proving affidavit.Sample language should be included in the affidavit.The affidavit should be signed by you and your witnesses when you sign the codicil or new will.There are different requirements for the self-proving affidavit in each state.Georgia requires a self-proving affidavit from New York.The affidavit should be drafted to satisfy your state's laws.Look for websites that end in ".gov" to find sample language for your state.
Step 25: Take copies and distribute them.
If you drafted a codicil, make sure to give the original to whoever is holding your original will.You could be storing it in a safety deposit box or your lawyer could have the original.Attach the will to the codicil.The codicil should be given to anyone with copies of the will.If you revoked an old will by drafting a new one, you should give copies of the new will to whoever has the old one.Send a letter saying that you have revoked your will.You should keep a copy of your will or codicil.
Step 26: The old wills should be destroyed.
If you want to avoid confusion, you should destroy all copies of your older will.If your lawyer has the original copy of your will, you can ask them to destroy it.