As life circumstances change, it is necessary to make changes or additions to a last will and testament.The addendum or codicil is one of the more common ways to make changes.Rather than having to submit a complete revision of an existing will, choosing to create an addendum in order to manage a minor change is normally sufficient.Updating the terms of a last will and testament is an inexpensive way to do it.
Step 1: To account for a significant life event, you need to identify it.
You should account for your new spouse and children in the will if you have had more than one child.Any gift to a former spouse is revoked after divorce.You should draft a new will to give gifts that were previously designated for your ex- spouse to new beneficiaries.A prior will is not automatically revoked if you are married.If you died without a will, your spouse would take an inheritance share.
Step 2: The property should be identified.
If you want to make a specific bequest of a newly acquired piece of property, such as a boat or a new home, you can name a beneficiary in the addendum.If you divide your estate equally between beneficiaries and leave everything to one person, you don't need to draft an addendum.You don't need to write an addendum if you sell a specific piece of property.If you leave your car to your brother but sell it before you die, the car is no longer part of your estate.
Step 3: New beneficiaries should be chosen.
If you leave a piece of property to someone and she dies before you, you will need to find someone else to leave it to.Depending on state law, what happens to the property when someone dies?The gift will be deposited into the residuary in some states.The gift will be given to the children of the deceased beneficiary.
Step 4: You should consult with an attorney.
Only a lawyer can tell you if the change is sufficiently minor.The attorney who drafted the will will be more familiar with it than a new attorney.
Step 5: Title the document.
You will need to give an appropriate title to indicate the document's purpose before you begin writing the addendum.It's necessary to add an Addendum to the Last Will and Testament of your full name.
Step 6: The opening paragraph should be drafted.
The document will be identified in the first paragraph.The Addendum to the Last Will and Testament of your name is effective on this date and you can amend it.You are aware of the original document if this date is included.It will keep people from thinking that you didn't know the original will when you created this document.
Step 7: Make a list of the changes you want to make.
Make sure that you specify what changes you want to make to the article in detail.If you want to change something, you can write: "State your present and foreseen needs and desires that need to be changed - for example, changing the name(s) of beneficiary(ies) and/or the will."If you want to remove an article, you should write: "Articles 1 and 8 shall be deleted in their entirety."]”
Step 8: Your addendum will overrule anything in your original will.
If any statement in this Addendum to the Last Will and Testament of your full name conflicts with my last will and testament, you can write it down.
Step 9: Reaffirm your will.
You should write, "In all other respects, I reaffirm and republish my will dated."]”
Step 10: The draft should be looked over by an attorney.
Legal counsel can suggest changes to the text if it complies with jurisdictional laws.The attorney can help arrange for a formal witnessing or review of the document.
Step 11: The addendum needs to be signed and dated.
In some places, this must be done in the presence of witnesses, with all parties identifying the date that the action is taking place.State law usually requires two witnesses, none of whom are beneficiaries.An Attestation is an additional section to the document.This is just a verification by the witnesses that they are in agreement that the maker of the will is sound mind and body, and has created the addendum of his or her own free will.
Step 12: You should include a self-executing affidavit.
An affidavit will speed up the process.If you want to execute the affidavit, you have to sign the will in front of the Notary.Attach the following language to the end of the will, and then sign your name beneath it.The witnesses should use the following language.We have been sworn by the officer signing below and declared to that officer on our oaths that the testator signed the instrument in our presence and that we each signed it.If you want to include this language, type or print the testator's name, who is personally known to me or who has produced the identification, and sworn to and subscribed before me by the witnesses.
Step 13: Your last will and testament should be kept in a safe place.
To ensure the safety of your addendum, you should keep it in the same place as your will, such as a home safe or a safety deposit box.The addendum should be sent to your attorney if he or she keeps your will.