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I already have a will, but I want to change it. Can I just write another one?
11 ANSWERS
General Practice Attorney serving Indianapolis, IN
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Broad Law Firm, LLC
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An existing will can be changed by executing a new will which revokes all prior wills or by executing what's called a "Codicil," which makes minor changes to an existing will.
Answered on Feb 20th, 2012 at 3:48 PM
Donald B. Lawrence
A will can be changed by making a new one or by doing a codicil (an amendment to the will). It sometimes is not as simple as it seems and you would be well advised to get your thoughts together as to what you want it to say and accomplish and consult with an attorney to review it.
Answered on Nov 02nd, 2011 at 2:53 PM
Theodore W. Robinson
Yes, and as part of your new Will, make sure the old Will is revoked as part of the new Will. Good luck.
Answered on Nov 01st, 2011 at 9:11 AM
Shadi Ala'i AlaiShaffer
Yes, you can just do a new Will and in it it should state that all prior Wills are void, etc.
Answered on Oct 31st, 2011 at 7:55 PM
Probate Attorney serving Newport, OR
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Minor, Bandonis & Haggerty P.C.
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That's the easiest way; the will should begin by saying that you revoke all prior wills. There is a method of changing a will called a "codicil," but, since it needs to be executed with the same formality as a will, and can create confusion in reading the will, in this day and age it is usually easier to just do a new will.
Answered on Oct 31st, 2011 at 7:40 PM
Tax Attorney serving Portland, OR
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Bullivant Houser Bailey PC
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Yes. You can just prepare another one. Make sure it is executed with proper formalities. In Oregon, you need two witnesses (preferably not beneficiaries) and it is best if their signatures are notarized.
Answered on Oct 31st, 2011 at 7:30 PM
The answer to your question depends on the all of the facts of your specific situation. No attorney can give you specific advice to your situation without knowing the entire situation. I can comment generally based on the information that you provided in your question. However, you should understand that the information contained in your question does not contain essential information needed to provide you with legal advice. This message is not intended to be legal advice for you and you should not consider that we have formed an attorney/client relationship. I am assuming that you are in Oregon and that Oregon law applies. The short answer is "yes" you can just make a new Will. The new Will should have a section that states that it revokes all prior Wills.
Answered on Oct 31st, 2011 at 7:21 PM
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You may either revoke the will you have and make a new will, or you may simply modify it with a codicil. Either way you must comply with state law regarding the execution of the will or codicil.
Answered on Oct 31st, 2011 at 7:16 PM
Ancillary Probate Attorney serving Dallas, TX
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Burdette & Rice, PLLC
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Yes, but the devil is in the details. Virtually every jurisdiction permits a handwritten Will to be admitted to probate, under some very specific circumstances. Or, you might simply try to copy the bulk of your existing Will to make the changes that you'd like. The risk of doing it wrong, however, is so great that the best course of action is to employ an estate planning attorney to update your Will. If you make a mistake, and mistakes are pretty likely, it may not become apparent until it's too late to fix it.
Answered on Oct 31st, 2011 at 7:11 PM
Glen Edward Ashman
A new will, properly worded, can revoke an old one. To make sure you do the new one correctly, see a lawyer.
Answered on Oct 31st, 2011 at 7:10 PM
The best practice would be to prepare and execute an entirely new will.
Answered on Oct 31st, 2011 at 7:08 PM