Things To Know When Amending Your Will
All adults in Florida should draft a will that outlines how they want their property distributed upon their death, the preferred guardian of minor children, and more. After creating a will, though, it is also important to review it periodically to ensure it still reflects your final wishes. While it is important to make changes when necessary, there are certain ways to do it, and things you should avoid. Below, our Daytona Beach wills and trusts lawyer outlines the most important things to keep in mind when changing your will.
What Not to Do When Changing Your Will
Many people think that when they want to change their will they can simply cross out the sections that are no longer appropriate and include other provisions using handwritten notes. This is a mistake. Handwritten wills are invalid in Florida unless they have been properly signed by the testator and two witnesses. If you and your witnesses signed the original will and you later amended the document on your own, the new provisions will likely not be upheld.
Simply scrawling notes on your original will can also leave the document subject to a contest, or challenge. If you do not follow proper procedure when making changes to your will, they may be left to a judge to interpret. A judge’s interpretation may not always align with what you intended as your final wishes.
What to Do When Changing Your Will
While there are things you should avoid when changing your will, they do not mean that you can never amend the original document. You can make changes as necessary, but it is important to do so properly.
Before making any changes, make sure you really do want the change. For example, if you want to disinherit a family member because you recently had an argument with them, make sure you will not reconcile. If you do and want to leave them an inheritance in the future, this will require you to change your will again.
Instead of simply scratching provisions out and handwriting new ones, you might consider creating a codicil. A codicil is a separate document that is attached to your original will. In order for a codicil to be valid, it must be executed in the same manner as your will. This means at the end of the codicil, you and two witnesses must sign it. The witness must also see each other sign the codicil.
Lastly, if you are making substantial changes to your will, you may consider creating an entirely new document instead of making changes through a codicil. This is not always the right answer, though, so always speak to an attorney before making any changes.
Our Wills and Trusts Lawyer in Daytona Beach Can Help with Your Changes
Your will is one of the most important documents you will ever create. At Bundza & Rodriguez, our Daytona Beach wills and trusts lawyer can help you make changes that will be upheld in court or, assist with creating an entirely new will. Call us now at 386-252-5170 or contact us online to schedule an appointment with our experienced attorney and to get the legal advice you need.
Source:
leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0700-0799/0732/0732.html
