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New York: 212-349-1200 | Staten Island: 718-390-0555

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  5. 2 ways to update your will

2 ways to update your will

On Behalf of Gabor & Marotta LLC | Jun 18, 2023 | Wills |

Your existing will may not be your final one. Your life may change with time – you may get married/divorced or have a new child/grandchild. In addition, laws may change, a beneficiary or an involved party (the executor or guardian) may die or you may want to disinherit one of the beneficiaries. In these instances, you will need to update your will. You don’t want an outdated will to result in a probate dispute. 

Here are two ways to update your will.

Write a new will

Writing a new will revokes the existing one. You will include the change in question in the new document. 

Since you will be drafting a will, you will observe the rules you did with the previous one to make it valid. For instance, you need two witnesses who are above 18 years old. They will provide their signatures in addition to yours. Further, you need to have the required testamentary capacity, and so on.

Write a codicil

If you don’t want to create a new will, you can write an amendment (a codicil) that includes the update. Your codicil should clearly state the information you want to add or omit in the will. You will sign this document in the presence of witnesses, who will also provide their signatures. You can make as many codicils as you want and attach them to the will.

Which is the best option? 

Both options are manageable and allow you to update your will legally. Thus, the most suitable choice depends on your preference.

You need to update your will when circumstances change. It will be best to get legal guidance to make informed decisions.     

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