How can you make changes to your will? You’ll need the advice and services that a Greenville will attorney offers.
Your last will is the foundation of your estate plan. It appoints an executor and explains how that executor will distribute your assets. If you have minor children, your will is where you designate a guardian for them.
But as circumstances change, your current will may no longer accurately reflect your final wishes. You can make changes to your will, but to make those changes valid and effective, you must adhere to the state’s strict legal requirements. A Greenville will lawyer can help you.
What Are the Legal Requirements for Changing Your Will?
A court will almost certainly deem as invalid any informal modifications of a will, such as writing on the margins or crossing out provisions. Such informal changes can lead to expensive and protracted legal challenges for the surviving family members.
To change or amend your will legally in Texas, you must either execute a formal codicil or revoke the existing will and execute a new will.
Amending a Will With a Codicil
A codicil is a formal, written legal document that amends, supplements, or modifies an existing last will. A codicil is the appropriate legal tool for making minor, specific changes to a will, such as:
- changing the name of a specific beneficiary
- appointing a new executor
- modifying a particular gift or distribution amount
- removing or adding a minor provision
For a codicil to be legally valid in Texas, you and your attorney must prepare the codicil with the same formalities required for an original will. Persons who try to change a will without an attorney’s guidance may overlook this critical point of compliance.
What Are the Legal Requirements for a Valid Texas Codicil?
The Texas Estates Code mandates the following formal requirements for a non-holographic (typewritten) codicil:
- The amendment must be a physical, written document.
- The “testator” (the person creating the will) must be of sound mind and memory and at least 18 years of age (or married, or serving in the armed forces).
- The document must be signed by the testator or by another person signing on the testator’s behalf under the testator’s direction and in the testator’s presence.
- The codicil must be attested to by two credible witnesses who are at least 14 years old and not beneficiaries in the will.
- The witnesses then must sign the codicil in the presence of the testator.
Your codicil must explicitly identify and reference the will it modifies and precisely which clauses you are adding, changing, or revoking. The codicil then becomes a legally binding part of the original will, and the documents function as a single instrument.
The Drawbacks of Codicils
Many estate planning attorneys discourage the use of a codicil for anything beyond simple changes to a will. Codicils may generate confusion and challenges in the probate process:
- When the language in the codicil is contradictory, vague, or inconsistent with the original will, it may create ambiguities that lead to family disputes and expensive litigation to determine the testator’s true intent.
- The executor is required to produce both the original will and all valid codicils in the probate process. If either document is lost or damaged, it can jeopardize the entire testamentary plan.
- The original will and the codicil should include a self-proving affidavit signed by the will’s testator and two or more witnesses over 14 years old who are not beneficiaries.
Revoking the Old Will and Creating a New Will
To make substantial or complex changes to your estate plan, such as changes in marital status, the birth or adoption of a child, the death of an executor or primary beneficiary, or significant changes in your assets, the safest method is to revoke the will entirely and execute a new will.
A new will puts your wishes into a single, cohesive document, eliminating any potential for confusion among multiple instruments. The Texas Estates Code provides two ways to revoke a will: express revocation by a subsequent instrument and revocation by a physical act.
Express Revocation By Subsequent Instrument
Express revocation by subsequent instrument is the safest way to revoke a will. A new will must contain a clear, explicit, unambiguous clause stating the testator’s intent to invalidate all previous wills and codicils. A typical clause would read: “I hereby revoke all prior wills and codicils.”
The new will, like any other, must be executed with all the statutory formalities of signing and witnessing. The inclusion of this clear revocation language ensures that no one may mistakenly offer an outdated document for probate.
Revocation by Physical Act
In Texas, a testator (or another person acting under the testator’s direction and in the testator’s presence) may revoke a will by destroying or canceling the will. This physical act can include tearing, burning, shredding, or clearly marking out the signature.
Lawyers discourage reliance on physical destruction alone. To be entirely safe, couple the physical destruction of the old document with the execution of a new will containing an explicit revocation clause.
Creating a New Will
A Greenville will attorney can help you create and execute a new will that strictly adheres to the Texas statutory requirements for wills:
- The document must be in writing and signed by the testator.
- Two credible witnesses (at least 14 years old, not beneficiaries) must sign the document in the testator’s presence.
- It should include a self-proving affidavit, notarized, to streamline the probate process.
Once you and your Greenville will lawyer have executed your new will, destroy the old will and all copies to prevent any outdated version from surfacing and leading to litigation.
Who Can You Trust to Revise Your Will?
If you’re an adult in Texas, it’s never too early to prepare a will or begin the estate planning process. In or near Hunt or Collin County, if you need to prepare or amend your will or any part of your estate plan, contact The Council Firm, PLLC.
Attorney Daniel Shawn Council provides comprehensive estate planning and elder law services. Click this link to call The Council Firm, PLLC, at 903-494-3380 to schedule a consultation.
