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A Simple Guide for Peace of Mind How to Ensure Your Will Reflects Your Current Wishes
Whether getting divorced or welcoming a new child, you may need to change or revoke your will to reflect any life changes. Why? Because significant changes can affect how your assets are handled. Common reasons for adjusting a will include marriage, divorce, new family members, financial changes, buying or selling property, or appointing a new guardian for a minor. So, how do you change a will? In the past, people added a codicil, an amendment to the original document. However, codicils can create confusion and legal disputes. They require signatures and witnesses, just like a will, which can make them more of a hassle than they’re worth. A simpler approach is to create a new will entirely. This new document should clearly state that it revokes all previous versions, including any codicils, ensuring your latest wishes are honored without question. Creating a new will is generally no more complex or costly than adding a codicil and provides a clearer legal foundation.
Sometimes, you may need to revoke your will but are not ready to make a new one, but simply destroying the current will might not be enough. If other copies of the will exist, a probate court might still consider those copies valid.
Revoking a will is essentially canceling it. Once a will is properly revoked, it no longer exists legally. If you’re considering revoking your will, it’s essential to do so through legal means to ensure your intentions are clear. Only the person who created the will, known as the
testator, can revoke it. Once the testator dies, the will becomes legally binding and cannot be changed or revoked.
Whether you need to account for new family dynamics, financial shifts, or relocations, ensuring your will accurately reflects your wishes is crucial to avoid future
confusion and legal complications. If you are unsure how to proceed or have concerns, consulting with an experienced estate planning attorney can provide peace of mind and help safeguard your legacy.
OUR CLIENTS SAY IT BEST "Look no further! We all have preconceived ideas about lawyers — but when our child was involved in a traumatic accident in California — miles away from home — we needed help. Someone who could help us in understanding specific legal details and insurance issues involved in California — but even more importantly, someone who
would be an advocate for our child and help to get life back to normal. We were very fortunate to find Case Barnett. Case and his team were immediately there for our child — assisting in all of the details, big and small necessary to deal with the difficulties following an accident. Our relief was immediate that we'd found someone who cared about our child's well-being first and foremost and who was going to help us 'make it right' again. "If you're in need of an outstanding and caring legal team in Southern California to help you ... you'll have found them with Case Barnett."
–Terri H. This publication is intended to educate the general public about personal injury and elder abuse. It is not intended to be legal advice. Every case is different.
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