When you write a will, you aren’t necessarily stuck with it. If you experience any big changes, you can go back and change that will. You can even revoke or cancel it if need be. A Bergen County will lawyer can tell you more about your options and help you draft another legally binding document.
Can I Just Edit My Will?
You don’t have to revoke or cancel the entire will when you just need to make a minor change to the document. Instead, you can add a “codicil,” essentially a small addendum to the will. This codicil is subject to the same rules as a will though, meaning that you will need witnesses if you want the change to become legally binding.
Do I Have to Make a New Will When I Revoke or Cancel a Will?
You are not forced to. You can revoke or cancel a will by destroying it and no one will force you to make a new one right away. However, we really do not recommend going too long without having a will in place. If you pass away before writing a new one, you die “intestate.” This means that the state gets to decide what happens to your assets, and the probate court may not distribute your property belongings in the same way that you would have.
What Happens If There Are Multiple Copies Of My Will?
We mentioned destroying a will when you revoke or cancel it, and we say this for a reason. It’s not really a great idea to have a few different copies of your will floating around. Even if they are dated and it’s clear that one document is the most recent one, you don’t want someone gumming up the works later by using an old copy of your will to issue a challenge in probate court.
If you disinherit someone or change how your assets are distributed, someone who is unhappy with that can cause issues during the probate process. If they have an old copy of your will to use as evidence, that can make matters worse.
When Should I Revoke or Cancel a Will?
There are many good times to revoke or cancel a will. We recommend that you adjust yours after any major life events and write a new will if needed. Check your will when:
- There’s a death in the family
- You get a divorce
- You get remarried
- A new child is born
- You adopt any stepchildren
- There’s a falling out with a family member
It’s also a good idea to check your estate plan every year, even if you didn’t experience any major changes like those mentioned above. You may find that you want to make changes after that amount of time has passed.
Schedule Your Estate Planning Consultation
If you have any questions about wills or estate planning, we’re ready to answer them. Contact the Law Offices of Colin M. Quinn to schedule a consultation and learn more about what our attorneys can do to help you protect your assets and pass them down to the right people.
