I often consult with people who make handwritten changes to their will, or cross out parts of their will, thinking that those changes are valid. An original Last Will and Testament is valid only if certain formalities are observed. Updates or changes to your will are only valid if those same formalities are followed. So what are those formalities and how can you update your will?
Every will must be signed by its maker, or testator, and must be signed by at least two other people. Those two people cannot be beneficiaries under the will and they must witness the signing of the will. They could also witness the testator’s acknowledgment of the signature or acknowledgment of the will.
After you have prepared and signed a valid will with all the formalities, there are at least two ways to update your will without invalidating it. The first is to prepare a codicil. A codicil is simply an amendment to your earlier will. A person may prepare any number of codicils, but eventually they may want to simply revoke all prior wills and codicils and start with a new will. Both your codicil and your new will must be signed and witnessed just like the original will.
The second way to update your will actually does not involve amending your will, but rather amending a handwritten statement or list disposing of items of tangible personal property. Let me simplify. When you prepare your original will or a codicil, you should consider a provision allowing you to prepare a written statement or list describing your personal property not otherwise specifically disposed of by your will. Your will should provide that a list of tangible personal property, described with reasonable certainty, will be attached to or found with your will.
This list must be in your handwriting or signed by you and may be prepared before or after the execution of the will. This handwritten list may be altered by you after its preparation, and even altered continually for years after the preparation of your will. Although there are some limitations on what property you may include on the list, this is an excellent way to give personal property to specific people. If your circumstances change, or you later want to give certain items to different people, you can simply update this handwritten list, without worrying about creating a new will or preparing a codicil. Keep in mind however, this list alone does not qualify as a will.
Of course there are a few more technicalities, but this gives you two ways to update your will without invalidating it, and provide for your loved ones exactly the way you want.
~ Delton