Amending a Will
This playbook outlines the steps necessary to legally amend an existing will through the addition of a codicil. It is designed to ensure that the changes are enforceable and recognized by law.
Step 1: Review Will
Examine the existing will thoroughly to determine the specific articles or provisions that require amendment.
Step 2: Draft Codicil
Write a codicil, which is a document that outlines the changes or additions to your existing will. Ensure consistency in language and clarity in the modifications to avoid any confusion.
Step 3: Legal Consultation
Consult with an attorney who specializes in estate planning to verify that the codicil meets all legal requirements and does not inadvertently create conflicts within the existing will.
Step 4: Witness Signatures
Sign the codicil in the presence of at least two witnesses who are not beneficiaries of the will. These witnesses must also sign the codicil, attesting to your soundness of mind and voluntary actions.
Step 5: Notarization
Although not always required, it is recommended to get the codicil notarized to add an extra layer of authentication, which could protect it against challenges.
Step 6: Store Safely
Place the original codicil with the will in a safe and secure location such as a fireproof safe or a safety deposit box. Inform your executor or personal representative of the location of these documents.
Step 7: Notify Stakeholders
Inform the relevant parties, such as the executor of the will, beneficiaries, and any legal professionals involved, about the amendments to the will.
General Notes
Legal Variances
Be aware that legal requirements for amending a will may vary from one jurisdiction to another. Always ensure compliance with local laws.
Quality Copies
Consider creating copies of the codicil for your records and for the executor of your will. However, clearly mark these copies as such to prevent confusion with the original.
Future Amendments
If additional changes are needed in the future, it is possible to create another codicil or instead draft a completely new will, particularly if the changes are substantial.