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How Can I Change My Will?
When creating your last will and testament, what you write in it is based on your current situation. However, circumstances in your life can—and most certainly will—change, which means the contents of your will may no longer present an accurate snapshot of your life and your wishes as time goes by. Divorce, marriage, new children, deaths in the family, purchase or sale of assets… When major events in your life happen, it’s time to think about changing your will.
The attorney at The Farano Law Group APC helps clients in both crafting and updating their wills to ensure their estate planning documents remain a genuine representation of their wishes. Backed by over 40 years of experience, the estate planning attorney in Orange County, California, can provide you with trusted guidance, no matter what your legal needs are.
Common Reasons People Consider Changing Their Will
The clock doesn’t stop ticking after you create a last will and testament. Life is dynamic, and as such, certain events might prompt you to revisit your will. Here are some common reasons people consider making changes to their will:
Marriage or divorce: Getting married or divorced can change your family structure, financial responsibilities, and assets in your possession.
Birth or adoption of a child: Adding a new member to your family might warrant including them as beneficiaries.
Death of a beneficiary or executor: If someone mentioned in your will passes away (a beneficiary or executor), you may need to update the will to replace the name of the deceased person.
Substantial changes in financial status: Accumulating considerable wealth or filing for bankruptcy after creating the will also calls for changes in the original document.
Purchase or sale of major assets: Buying or selling property, businesses, or other assets should be reflected in a revised will.
Change in relationships: If relationships with your beneficiaries or executor change, your will might need updates to align with your current preferences.
Move to a different state or country: Different jurisdictions have varying legal requirements for wills, which may require updates to stay in compliance with the law.
Changes in tax legislation: New tax regulations may impact estate planning and require will modifications.
Charitable intentions: As time goes by, you might decide to include or update charitable donations in your will, something you didn’t think of at the time of creating the original document.
Health changes: New health considerations might influence decisions on guardianship or healthcare proxies.
It's generally recommended to review your will every three to five years, or whenever there’s a major life event like those listed above. Regular reviews ensure that your will accurately represents your wishes and any legislative changes that might impact its execution.
Creating a Codicil vs. Drafting a New Will
When updating your will, you can either create a codicil or draft a new will:
Codicil: This is a legal document that makes amendments to your existing will without replacing it. It is suitable for minor changes, such as adding or removing a beneficiary. Codicils must be signed and witnessed with the same formalities as the original will.
New will: For substantial changes, creating an entirely new will may be more appropriate. This approach ensures clarity and minimizes the potential for confusion or disputes among beneficiaries.
Consider the extent of the changes needed to determine whether a codicil or a new will is more appropriate.
What Is the Process of Making Changes to a Will in California?
Changing a will in California involves several key steps:
Review your current will: Begin by examining the existing document to identify areas that need updates.
Decide on updates: Determine whether you require a codicil or a new will based on the nature of changes.
Make the changes: Clearly articulate the amendments, ensuring they are legally valid and meet state requirements.
Sign and witness: Whether you opt for a codicil or a new will, it must be signed and witnessed by at least two competent individuals who aren’t mentioned in the document.
Revoke or destroy the old will: It's critical to revoke or otherwise destroy any prior wills to avoid conflicting or outdated instructions.
Whether through minor amendments or a complete overhaul, ensuring your will aligns with your present intentions provides peace of mind and security for your loved ones.
What Should You Do After You Change Your Will?
Once you've updated your will, it's important to store it safely and:
Inform beneficiaries and executors: While not legally necessary, informing them avoids surprises and ensures they understand their roles.
Destroy old versions: Safely dispose of previous wills and codicils to prevent confusion.
Review associated documents: Ensure other estate planning documents, like trusts or power of attorney, align with your updated will.
There is no limit on how many times you can change a will in your lifetime. Regularly revisit your updated will to ensure it remains accurate over time.
Why You May Need an Attorney When Changing Your Will
While it is possible to change your will without legal assistance, consulting an attorney can offer several benefits:
Compliance: An attorney ensures your updated or new will complies with California law, reducing the risk of disputes.
Complex situations: You may need legal counsel if you aren’t sure how to make the necessary change.
Minimize errors: An attorney will help avoid common pitfalls that could render your will invalid.
Working with an attorney when updating your will can give you peace of mind knowing that your will remains valid after the changes and that nothing is missed in your amended or new will.
Ready to Change Your Will?
Your will should change with your life. If you want to make changes to your will but don’t know how to get started, our attorney at The Farano Law Group APC can help. With an office in Anaheim, our law firm provides estate planning services, including drafting and updating wills, throughout Orange County, Los Angeles County, and Riverside County. Reach out today to request a consultation and discuss your particular situation.