In this section:
When to change your Will
How to change your Will
How new Wills revoke older ones

When to change your Will

As discussed previously, it is essential that your estate plan and your Will be updated on a regular basis.

You should consider updating your Will every time there is a significant change in your personal situation.

Specific examples are discussed above but include:

• marriage
• divorce
• birth or adoption of children
• death of loved ones
• change in medical condition or heath care needs, etc.

You should also review your estate plan and your Will if you sell or give away a piece of property that you have specifically mentioned in your Will. For example, if you leave your 2000 Dodge Intrepid to your son, but by the time you die, you have already sold that vehicle and instead own a pick-up truck, your son would generally not be entitled to your new vehicle.

You should also consider changing your Will if your financial situation changes significantly, for the better or for the worse.

You may wish to revise your Will if you move to a new jurisdiction. Different jurisdictions have different laws governing Wills and estates that may affect the meaning or validity of an existing Will.

How to Change Your Will

If you do decide to change your Will, you can either do so by preparing a Codicil or through the preparation of an entirely new Will.

A Codicil is a document that amends an existing Will, and it must be properly prepared, signed and witnessed just like a Will. The witnesses do not have to be the same as those for the original Will; however, using the original Witnesses may simplify the process of admitting the Will and the Codicil to probate.

If you want a major revision of your Will, it is easier to draft an entirely new Will and revoke the old one than to use a Codicil; A Will that is substantially re-written by a Codicil can be a clumsy and confusing document.

How new Wills revoke older ones

Any new Will should recite that you revoke all previous Wills you have made. In addition to revoking all previous Wills in your new Will, you may also physically destroy the old Will (and all copies, if you have them) after having your new Will properly signed and witnessed.

A Will prepared through BuildaWill™ revokes any prior Wills that you may have. The last valid Will you prepare is the one that is binding. For example, if you prepared a Will two years ago through an attorney and then today prepare a Will through BuildaWill (and have it properly signed and witnessed), the BuildaWill Will governs the disposition of your property.

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