How cana Will be updated?

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How cana Will be updated?

Can pencil, date and initial changes be made to a Will after one of the beneficiaries has passed or should a new one be created?

Asked on November 16, 2011 under Estate Planning, Maryland

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

A will may be changed, but it has to be changed by following the same rules for signing, executing, and witnessing it as were followed in creating it in the first place. The two ways to change it are not to mark it up or edit it, but--

1) the best and cleanest way is to replace it with a new will, superceding the old; or

2) by drafting a codicil (an amendment) to the will making the appropriate changes.

Again, either the new will or the codicil must be executed and witnessed properly. Since a failure  to do so will make the changes (or new will) invalid and unenforceable, you should have an attorney help you.


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