We want to remove an item from our will.

I have one small item to remove from my will. Do I have to see a lawyer, or can
I just write the correction and take it to a notary and then give it to my lawyer
to add this change to my will?

Asked on January 23, 2019 under Estate Planning, Iowa

Answers:

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

Answered 1 year ago | Contributor

A codicil is an amendment to a will. It has to be typed then dated and signed by you in the presence of three witnesses. The witnesses can't be beneficiaries of your will. The witnesses don't have to be the original witnesses of your will. The codicil must refer to your will; for example, First Codicil of the Will of (your name) dated (date your will was prepared). Anyone who has an unsigned copy of your will  should also receive an unsigned copy of the codicil. If you used a self-proving affidavit for your will, you must have a new affidavit for the codicil. The self-proving affidavit is notarized and attached to the codicil. If your will had a self-proving affidavit, this means it included a statement that said the document is your will and it was properly executed(signed and witnessed).
You don't need an attorney to prepare the codicil.


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