To create a valid will, you must have been legally competent to draft a will, you must have been at least 18 years old, and you must have signed your will before two impartial witnesses. You can draft a will in limited situations before you reach the age of majority. If you married before age 18 or received a court-ordered legal emancipation, you may be able to draft a will before age 18. Your impartial witnesses must have actually witnessed you signing your will or must have heard you declare that you were signing your will.
You can amend or update your will in one of two ways. The first method involves revoking your existing will and creating an entirely new will. The second method entails changing specific provisions by drafting a codicil. A codicil is a written amendment that changes your existing will. Generally, if there are several provisions within your will that you would like to change, drafting a new will and revoking your existing will is the better option. Creating a codicil is better for smaller changes, including changing one beneficiary in your will. A probate attorney is in the best position to help you figure out whether you should change your will by codicil or by revoking your existing will and creating a new one.
- Can I Contest a Trust? - June 2, 2020
- Planning for the Sandwich Generation - May 28, 2020
- Choosing the Right Fiduciaries - May 26, 2020
