I Already Have a Will. Can I Update It?

By Kendel Froese | August 16, 2022

I don’t need to tell you that life can change. Our families sometimes get smaller and sometimes they get bigger. Some relationships grow stronger and some fade away. For many people, their assets accumulate as time goes along. So, if you have already executed a Last Will & Testament, can you update it? When should you do so? And how?

Q: Can I update my Last Will & Testament?

A: Yes, you can, but all Wills and Codicils (a document that amends, adds to, or revokes part of your Will) most be executed with the required formalities - signed in front of two disinterested witnesses (two people who are not related to you by blood or marriage, and who are also not home health care workers providing care for you). These witnesses also need to attest that they were present when the Will (or Codicil) was signed, that the person signing the document (called the testator) acknowledged the document as their Will or Codicil, that the testator asked the witnesses to sign, that the witnessed signed in the presence of the testator, and that the testator appeared to be competent to execute the document. Best practice is for the testator and witnesses to also sign in the presence of a notary, so the witnesses can provide their attestations to the above facts under oath in a document that will serve to “prove” the Will or Codicil when it is probated. This notarized attestation document will take the place of a witness having to testify to the court in person when the executed document is submitted for probate.

Q: How do I update my Will?

A: You can change the provisions in your Will by executing a new Will that is inconsistent with the prior one and/or explicitly stating in the new Will that all prior Wills are revoked. Another option is to execute a Codicil, which is a document that amends, adds to, or revokes part of your Will. A Codicil must also be executed with the formalities outlined above.

Q: Under what circumstances should I update my Will?

A: Having your first child or additional children is a good reason to update your Will. If your marital status changes, that is another good reason to update your estate planning documents (including any powers of attorney) and any beneficiary designations on nonprobate assets like life insurance and retirement accounts. If you want to change designated guardians for your children, that is another important reason to update your Will. Essentially, anytime you have a life change or you want to add/remove someone from your estate planning scheme (guardians, trustees, et cetera) you need to update your documents. If you aren’t sure whether a change warrants a Will amendment, talk with your estate planning attorney.

Thrive Law is happy to discuss when and how to update your estate planning documents, regardless of whether they were drafted by Thrive Law or by another attorney (or you drafted them yourself).

Keeping your estate planning documents up to date is just as important as executing them in the first place. Please make it a point to review your estate planning documents every couple of years, and more frequently than that as you encounter life changes. While it depends on what changes are being made, if your estate planning documents were drafted here at Thrive Law, you will generally be charged a lower fee than the fee you paid for your original documents.

If you have questions about updating your estate planning documents, please call/text Kendel at 509-514-5317 or contact me.