How do you legally amend a Will?
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How do you legally amend a Will?
I am power of attorney for my fathers estate; he has a Will completed. Can I add an amendment to the will forbidding any changes unless my signature and his are applied?
Asked on July 21, 2010 under Estate Planning, Pennsylvania
Answers:
M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney
Answered 13 years ago | Contributor
You legally amend a Last Will and Testament by having an attorney prepare what is known as a "codicil" to the Will. A codicil must adhere to the same rules in execution as a Will (witnesses, etc). You can not execute the codicil. The Power of Attorney would not be valid for that. The Testator must be found to be of sound mind and understand what is going on in order for a Will or codicil to be valid. Are you afraid that he is not of sound mind now and that someone will unduly influence his changing the Will? Then speak with an attorney about becoming a conservator for your father to take control over his estate and his medical concerns. Good luck.
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