A last will and testament is not meant to function as a set-in-stone document, contrary to what many may think. Circumstances change. For example, you may get married or divorced, one of your intended beneficiaries may pass away, the size of your assets made drastically grow or shrink, or you may simply change your mind on how you want your assets distributed upon your death. When any of these types of changes occur, you may wonder about the process for revoking and changing your will.
For a very minor change you may be able to have an attorney prepare a formal amendment to the original will, called a codicil. A codicil can add to, remove or elaborate upon certain provisions already in the will but it still has to be formally executed and competency requirements still apply. Most estate planning attorneys find codicils to be problematic and refuse to draft them, especially if that firm did not draft the will itself.
Simply trying to destroy your original will could create problems later if other copies are circulating and are purported to be the original. Therefore, attempts to destroy a will is not recommended.
This leads us to the best course of action which is to create an entirely new will, revoking all previous versions with specific language to that effect. The main takeaway is that quick and easy changes to your will in an attempt to save time and money such as marking through language, attempting to destroy documents or replacing the will with a DIY version found online can cause a great deal of stress and financial hardship later.
We encourage you to review your will in these four circumstances:
If it is time to review your will and possibly make changes, please contact the experienced estate planning attorneys at Stouffer Legal in the Greater Baltimore area.
