We want to remove an item from our will.

UPDATED: Oct 1, 2022

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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


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

Answered 4 years 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.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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