After you’ve written your will, you may have significant life changes that make parts of your will outdated. You might consider updating your will, but how do you update an existing will without starting over from a blank page? Fortunately, Texas law provides an option for updating a will without writing a completely new one. However, when you need to update your will, you should understand the process of updating wills and when you might need to create a new will to replace your existing one.
What Is a Codicil?
A codicil is a legal document that supplements and amends an existing will. Rather than replacing the entire will, a codicil allows an individual to change specific provisions in their existing will or to add new provisions to the will. Codicils are the appropriate way to amend an existing will. Merely crossing out sections of a will or adding new provisions in the margin may not validly change the will and could instead lead to confusion or unintended consequences, such as a court determining that an individual intended to revoke their will after making cross-out marks on the pages rather than to change it.
When Does a Codicil Become a Good Option?
A codicil makes sense for amending a will when a person wants to make one or a few specific changes, such as changing or adding beneficiaries, or to add one or a few new sections, such as bequeathing specific assets to designated beneficiaries. A person may also use a codicil to change the named executor or to nominate an alternative executor if the primary individual cannot or will not serve. However, a person using a codicil to update their will should work with an experienced estate planning attorney to ensure they have an effective document that does not conflict with provisions of the existing will or create ambiguities that might lead to conflicts during probate.
Legal Requirements for Codicils in Texas
A person who wants to execute a codicil for a will must meet the same requirements as executing a new will, including being 18 or older, of sound mind, and putting the codicil in a signed writing. A codicil should reference the original will specifically enough to enable a court to identify which document the testator intended to change. Ideally, a person executing a codicil should store it with their original will, so that family members or an executor can easily locate it. Codicils, like wills, can use self-executing affidavits to make it easier to submit the document for probate.
When Might You Need a New Will
However, an individual should consider writing a new will rather than using a codicil to update an existing will when they want to make multiple changes to different parts of the existing will. A person may also need a new will if their existing will already has one or more codicils. Having a codicil changing multiple provisions of a will or having multiple codicils will require executors and courts to refer back and forth between the will and codicil(s) to discern the testator’s intent, which could lead to confusion and mistakes regarding the testator’s intentions.
Contact an Estate Planning Attorney Today for Help Updating Your Will
Updating a will for changing life circumstances can involve a similar process to creating a will, but it should also encourage you to consider writing a new document. Contact Carroll Law Group, PLLC today for a free consultation with a Texas estate planning lawyer to learn more about using codicils to update an existing will and discuss whether you should use a codicil to update in response to changing wishes or priorities or whether you should write a new will from scratch to reflect your current circumstances.