Once I make a change in my will do I have too get it re-notorized again?

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Once I make a change in my will do I have too get it re-notorized again?

Asked on May 10, 2009 under Estate Planning, California

Answers:

J.M.A., Member in Good Standing of the Connecticut Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

A will does not speak until the day of death.  Furthermore, a will is required to be witnessed for it to be valid.  If there is currently a will in place, and you want to have a new one made, then you need to see a lawyer who can help make the amendment.  If you want to make sure that none of the provisions in the current will operate, then you may want to destroy it immediately.  I would consult with a lawyer immediately as the will is the instrument that will apply should you die tomorrow.  If you do not have a will, your property will pass under the laws of intestacy.  Are you married?  Do you have children?  I would seek a lawyer in your area to discuss making the amendment.

LAR, Member CA State Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

In general, changes made to a Will must be affirmed as being made by the person who's Will is actually being changed.  You don't specify how you are changing it.  If you are doing it through a lawyer, then the lawyer will be able to ensure that the change is legally recognized.  If you are c hanging a Will that you have written yourself, assuming that your State recognizes the form of the Will you drafted, you must have changes notarized to ensure the legal integrity of the changed document.


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