You can change your will in North Dakota by codicil or by creating a new will. Contact our office to discuss which method is better for your individual needs. Although you can change your will intentionally by creating a new will or by changing certain parts of it by codicil, you can revoke your will through certain acts. If you divorce after you created a will, your divorce automatically revokes certain provisions within your will but leaves the remaining provisions intact. In other words, by virtue of getting divorced, the provisions of your will that gave your former spouse property will automatically be revoked, but the remaining provisions will remain in effect. If you remarry, your new spouse will probably receive the dispositions in favor of your previous spouse if you did not refer to your previous spouse by her name.
If you change your will, you should make sure that you comply with North Dakota’s law on revoking it properly and legally. Simply deleting provisions is ineffective. In fact, by deleting provisions in your will by striking them out by hand, you may void your entire will – not just the deleted provisions. Similarly, deleting specific beneficiaries or bequests by using whiteout is generally ineffective and may void your entire will. An improperly revoked or amended will may diminish the value of your estate with unnecessary estate litigation costs.
- Why You Need to Plan for the Impact of Taxes in Your Estate Plan - April 15, 2021
- How to Dispose of “Stuff” - April 13, 2021
- “Last Will and Testament” Origin - April 8, 2021
