There is no sense in having a Last Will and Testament document that does not exactly align with your values and best wishes. While you may have been confident in your decisions at the time of originally drafting and establishing it, your preferences may have slightly or significantly shifted over time. No matter what degree of doubt you hold, it is worth going back to modify, add, or remove terms and conditions with your original will document. Or, revoking or canceling it altogether and starting from scratch. With that being said, please continue reading to learn what to do to modify, revoke, or cancel your original will and how an experienced Putnam County wills attorney at the Law Office of Andres D. Gil, PLLC can help you do so in a valid and enforceable manner.

What modifications can I make to my original will?

You may have discovered certain things about yourself, your intended executor, and your intended beneficiaries that necessitate modifications to your original will. Nonetheless, you may be allowed to make the following changes:

  • You may need to replace your assigned executor, if your original one is no longer around or willing to take on this role.
  • You may need to alter your inheritance divisions, if you welcomed or lost certain individuals in your family.
  • You may need to specify what the inheritance(s) can be used for, if your assigned beneficiaries reveal their poor financial handling skills.
  • You may need to remove certain assets from the inheritance(s), if you need more money to fund your future healthcare needs.

What do I do to modify, revoke, or cancel my original will?

To make the modifications mentioned above, you may either create a codicil or a new personal property memorandum. For one, a codicil is a supplementary document that discloses certain terms and conditions you wish to amend within your original will document. Secondly, a replacing personal property memorandum may provide an updated list of assets and how they are supposed to be divvied up amongst your assigned beneficiaries.

But you may find that too many modifications need to be made, and a codicil or new personal property memorandum becomes too complex. In this case, you may need to revoke or cancel your original will entirely. This may entail drafting and establishing an entirely new will. Within this fresh document, you must explicitly acknowledge your want to revoke or cancel your original will. Then, you may physically destroy your original will and all its copies, through tearing, shredding, burning, or cutting it up.

Importantly, with your new will, you must fulfill the same requirements to make such a valid and enforceable document. Specifically, you must have at least two witnesses present when you sign the will; they must also sign it within 30 days of witnessing your signing. Also, you must still have the mental capacity to make such an important decision.

Your will revocation or cancelation should not be done without the wise legal counsel of a skilled Putnam County wills attorney. So please call to schedule your initial consultation with us at the Law Office of Andres D. Gil, PLLC today.