QUESTION
What do we need to do to make an addendum to our will?
Asked on Dec 27th, 2013 on Estate Planning - Nevada
More details to this question:
My husband and I have existing wills and want to add to the will. As it stands, we will be making an anatomical gift so our body parts may be used for transplantation. We want to add that if our body parts aren't needed that they be made available for education/research. Can we write our own addendum and if so, will it need to be notarized? Thank you for your time and assistance!
19 ANSWERS
Civil Litigation Attorney serving Ventura, CA
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The Law Office of Robert I. Long
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In California, the Cal. Hosp. Assn "Advance Health Care Directive" form contains the provisions you are interested in. You would not need to change your will if you are only specifying organ and tissue donations.
Answered on Jan 02nd, 2014 at 10:41 AM
No, you do not need to do an addendum. Instead, you need to make a separate document to donate your bodies. Contact the institution that will be using the bodies (like OHSU). They have their own form that you can use.
Answered on Dec 30th, 2013 at 11:44 PM
Probate Attorney serving New Orleans, LA
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James G. Maguire
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An anatomical gift should not be part of your will. It is a separate document. Contact your state anatomical board. They can provide you with the proper forms.
Answered on Dec 30th, 2013 at 7:28 AM
It's better to create a separate document such as a living will describing how you want your body disposed. Your wills may not be available at the time such a decision needs to be made. You will also need to make arrangements with a research or medical center so that they will be prepared to accept your remains when the time comes.
Answered on Dec 30th, 2013 at 6:53 AM
Business Planning Attorney serving Livonia, MI
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Frederick & Frederick Attorneys at Law
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There are forms to do this, outside of a Will. If this is the only change you want to make, I would suggest you download a copy of the Michigan Peace of Mind booklet. You can find it online. There is a section in the back of the booklet that discusses the disposition of your remains. As far as your Wills are concerned, rather than amend them, it would be better to simply prepare new Wills, if you need to do so. Better than that would be discussing with an attorney how to avoid probate and thus, eliminate the need for a Will, altogether.
Answered on Dec 27th, 2013 at 9:20 PM
You can add an addendum to your Wills. In California you would have two people witness your signature unless your original Will was entirely in your handwriting then the addendum can also be entirely in your handwriting.
Answered on Dec 27th, 2013 at 8:02 PM
Edwin K. Niles
A formal will (or addendum) is one signed by you and witnessed by two witnesses who see you and each other sign. A holographic will is one entirely written, dated and signed by you (hand-written). Notarization adds nothing. That having been said, what you really need is an advance health care directive under Ca. Probate Code 4701. You can probably find it on-line.
Answered on Dec 27th, 2013 at 4:56 PM
Probate Attorney serving Newport, OR
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Minor, Bandonis & Haggerty P.C.
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This is not a matter to put in your will. Unless your family are vultures, your will won't be out of the safe deposit box until long after you are interred. Oregon Health and Science University maintains a data base of organ donors. Go to OHSU.org for more information. A change to your will is called a "codicil," but I don't bother with them any more. Your will must be on someone's word processing software; just make the changes and sign the new will. The new will MUST be signed with the proper formalities. (A codicil has to be signed and witnessed exactly the same way, which is why I don't bother with codicils any more. It's much easier and way less confusing to just do a new will). You MUST sign your will in the presence of two witnesses. Both witnesses have to be there, in the room, awake, competent and over 18 years of age. The witnesses must both be in the room at the same time, and watch you sign the will. Then, the witnesses customarily sign a separate document, the Affidavit of Witnesses to the will. This is their testimony that they saw you sign your will, and as a sworn statement it must be notarized. The Affidavit stays with the will and is submitted with the will to probate. Get a lawyer to assist you with your estate plan. Your will is the last thing you say on Earth. If it's wrong, mistaken, not valid because the signing and witnessing isn't right, or too marked up with attempted changes, then it fails and your estate plan has failed. Do not risk that to save a few hundred bucks.
Answered on Dec 27th, 2013 at 4:55 PM
Addendums or Codicils to wills must be in basically the same format as the original will and reference the will by date and any section the document may be modifying. The requirements for signature are the same as the will, at least two witnesses and a notary. If you have any questions please see an Estate Planning Attorney, these documents are relatively inexpensive.
Answered on Dec 27th, 2013 at 4:55 PM
2 Awards
You should complete an Advanced Healthcare Directive. They can be found on the internet.
Answered on Dec 27th, 2013 at 12:42 PM
Trusts Attorney serving Sacramento, CA
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Law Office of Victor Waid
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I suggest you obtain the services of an probate/estate planning lawyer who can draft the appropriate advance healthcare directive to cover the directions for your body parts upon your demise. A will does not address this type of request, so I don't believe an amendment would be the correct legal way to direct the disposal of your body parts. This might also be a good time to have your wills reviewed, and maybe implement a trust as well as powers of attorney to each of you from the other person.
Answered on Dec 27th, 2013 at 12:37 PM
Commercial Contracts Attorney serving Boise, ID
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Peters Law, PLLC
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I would go to an attorney and have it drafted up as a codicil. Each state's laws are different and better be safe than sorry.
Answered on Dec 27th, 2013 at 12:15 PM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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You should engage an attorney to make sure everything is in order, but if you will not do that and addendum signed and notarized and kept with the will MIGHT be sufficient.
Answered on Dec 27th, 2013 at 12:13 PM
Taxation Law Attorney serving Glendale, CA
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Irsfeld, Irsfeld & Younger LLP
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These provisions should be included in your advance health care directives, not in your regular wills. The advance health care directives can be notarized or witnessed.
Answered on Dec 27th, 2013 at 12:12 PM
To do a new Will you will do an either a Codicil, which is an amendment to a Will, or just a new Will. However, it sounds as if you may need either Living Wills with a designation of anatomical gift, or a separate Anatomical Gift Form. See an attorney who specializes in estate planning for assistance.
Answered on Dec 27th, 2013 at 12:12 PM
Litigation Attorney serving St. Louis, MO
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Probate Law Center Richard J. Keyes, PC
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Anatomical gifts of body parts should not be in a will. In Missouri, you should do a health care power of attorney that also states that you want to donate body parts for transplant purposes. You should also sign the back of your driver's license. If you wish to donate your body for education/research, please contact the educational institution where you wish to donate your body. There are forms that need to be filled out prior to your death. Without these forms, the educational institution usually will not accept the body. Let your relatives know that you wish to donate your body and give them photocopies of the executed documents received from the educational institution so you do not end up being buried or cremated.
Answered on Dec 27th, 2013 at 11:55 AM
Commercial Attorney serving Chicago, IL
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Ashcraft & Ashcraft, Ltd.
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Any change to a will must be signed and witness in the same manner as the original will. Any addendum, or codicil, must be signed and witnessed in the same manner as the original will. Organ donation directions can be made in a Power of Attorney for Healthcare. Illinois has a statutory form Healthcare Power of Authority wherein the agent for healthcare is given the authority to arrange the donation and the principal provides direct authorization.
Answered on Dec 27th, 2013 at 11:49 AM
Probate Attorney serving St. Louis, MO
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Edward L. Armstrong, P.C.
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You should not write the "addendum" to you will yourself. The correct term is "codicil." This document may add to, change or delete provisions in the wills you've already made. May sure that you have signed the donor form on the back of your driver's license and make sure close family are aware of your desire to donate organs for transplantation. If you want to leave your body or parts thereof to science, I suggest you contact the two major medical schools in the area: St. Louis University and Washington University. Missouri has a Uniform Anatomical Gifts law that you may want to "Google."
Answered on Dec 27th, 2013 at 11:49 AM
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You need to work through appropriate changes to your Wills and Powers of Attorney for health care. I urge you to have an attorney assist you. In Nevada, a Will cannot be changes with a notarized document alone.
Answered on Dec 27th, 2013 at 11:48 AM