What is the best way to update a Will and Trust?

My mother is in an assisted living facility. I have a POA to help manage her affairs. Her Will and revocable Trust were written 23 years ago and assigned her 2 sisters are listed as executor/successor trustees for these documents. Now 1 of them is deceased. I want to amend or redo these documents to make my sister and I executor/successor trustees since we are the ones dealing with her situation, not our surviving aunt. We wanted to avoid huge costs for redoing what seems like pretty simple documents.

Asked on November 6, 2014 under Estate Planning, Virginia


S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

An amendment to a Will is called a codocil.  Your mother can just acknowledge her signature on the codocil in the presence of two witnesses.

The Trust can be amended, and the amendment can be signed by your mother in the presence of a notary.  There are mobile notaries who will go to the assisted living facility.

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