Laws governing the execution of a valid will vary by state, but they generally require specific formalities. For example, a will typically must be signed by the person making it, known as the testator, and witnessed according to state law. Some estate planning documents also may require or benefit from notarization.
Following these requirements matters. If a will is not properly executed, a court could later determine that all or part of it is invalid. But what happens if your will has already been executed and you later need to make a change? You may have welcomed a new child or grandchild, experienced a marriage or divorce, acquired significant property, or changed your mind about how your assets should be distributed.
Handwritten Revisions Can Cause Trouble
It may seem easy to pull your will out of the file cabinet, cross out an outdated provision, write in the desired change, and add your initials. But altering an executed will by hand is generally a bad idea.
For one thing, handwritten revisions may raise questions about when and why you made them. Beneficiaries or other interested parties might challenge the changes, alleging that you lacked testamentary capacity, or were subject to undue influence. Even if the revisions accurately reflect your wishes, resolving such disputes can consume time and money and potentially damage family relationships.
More important, a handwritten change may not be legally valid. The requirements depend heavily on your state’s laws.
Holographic Wills Add Another Wrinkle
Some states recognize “holographic” wills, which are wills written primarily or entirely in the testator’s handwriting. Depending on state law, these wills may be valid without the witnesses normally required for a typewritten will, provided they satisfy certain requirements.
But the fact that your state recognizes holographic wills doesn’t necessarily mean you can safely make handwritten changes to an existing typewritten will. State laws differ significantly regarding whether such modifications are enforceable and what formalities must be followed.
Attempting a do-it-yourself revision can therefore create ambiguity. In some cases, the original provision might remain effective despite your handwritten change. In others, an alteration could complicate the will’s interpretation or validity.
Use A Codicil Or Consider A New Will
A safer approach is to work with your attorney. For a relatively minor change, an attorney may recommend a codicil — a separate legal document that amends specific provisions of an existing will. A codicil generally must be executed with the same formalities required for a will.
For more extensive changes, creating and properly executing a new will may be preferable. This can reduce confusion by putting your current wishes in one document rather than requiring your executor and beneficiaries to reconcile multiple amendments.
Make Changes The Right Way
Your will is intended to distribute your property according to your wishes. Don’t jeopardize the execution of those wishes for the sake of convenience. If circumstances have changed since you executed your will, contact your estate planning attorney to help you address applicable legal requirements. Contact KPM to learn more about how our team can assist with the tax and financial considerations related to your estate plan.
