Harrell Stoebner & Russell PC | Attorneys at Law

Offices Located In Temple And Killeen | Se Habla Español
Call To Schedule A Consultation: 254-935-3036

Harrell Stoebner & Russell PC | Attorneys at Law
Call To Schedule A Consultation: 254-935-3036

Due to precautions related to COVID-19, we have expanded our options for remote consultations. Please contact our office to discuss whether a full phone consultation or video conference is appropriate for your situation.

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How do you update your will?

On Behalf of | Oct 17, 2020 | Estate Planning |

Making your will is easy to put off for tomorrow — so much so that when you finally do draft your last will and testament, it can feel momentous and final. But as your life is an evolving story, so too does your will need changing from time to time.

The reality is that your last will and testament is a simple document to draft and amend. All it takes is time, action and a couple of witnesses.

Best times to change your will

Wills establish whatever your last wishes are at the time of your death, so the best answer to when you should update a will is whenever those wishes change substantially. Your wealth and your beneficiaries have lives that fluctuate like yours and whether you need to completely redraft your will or amend it, you have options.

Two ways to change your will

If your life changes in a small way where amending your entire will would be wasteful, you have the codicil as your option. As Texas statutes state, a person may amend any will, self-proved or not, through a codicil.  A codicil is an addition or amendment to your will that has the same requirements as writing a will in the first place. You must be 18 or older, of sound mind and you need two witnesses. Get it in writing and signed or organize it in front of a notary and whatever you add or change to your will is as good as done.

The other way of changing your will is a complete redraft. Writing a new will can highlight your revised wishes as well as remove any items or beneficiaries you no longer have. In these cases, revoking your original will can remove any confusion about the new will.

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