How doI change a Will due to divorce?

My husband and I had Wills made up for each other to be all at the time of death now we are getting a divorce and I would like to know how to change the the Will back to my son.

Asked on August 2, 2010 under Estate Planning, Pennsylvania


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

You should speak to a trusts and estates attorney. It's fairly straightforward: for simple changes, an amendment or codicil to the will can be created and executed, though for larger changes--like dropping a spouse--it is probably better to have an all-new will drawn up which will replace the prior will. (You can also use the oppportunity to see if anything else should be changed or updated.) The important thing is to have it done correctly, since if the new will is not properly created and executed, it will be invalid. In that case, the former will (assuming it was properly executed) will still be in effect. That's why expert help is so critical. Good luck.

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