How Can I Change My Will?

In general, you can change an existing will in one of three ways: 

• Create a will codicil: A codicil is a legal document that changes specific provisions of your will while leaving the rest of the will intact. It is best used for small changes, such as adding or deleting a specific bequest, changing your executor, or updating the name of a beneficiary who has married or divorced. It’s important to note that codicils must be executed in the same manner as a will. In most states, this means it must be signed by two adult witnesses who attest to your identity and your state of mind (e.g., that you are mentally competent and not under duress.)
  

• Create a personal property memorandum: A personal property memorandum is a document that details how you want certain personal items to be distributed upon your death. For example, you may wish to divide your assets equally among your children, but want a particular piece of jewelry to go to your youngest daughter or a family heirloom to go to your oldest son. Rather than list these items separately in your will, you can simply write them down on a personal property memorandum and attach it to your will. You must also mention the memorandum in the body of the will. Nolo recommends a statement to this effect:

“If I leave a writing separate from this will that disposes of some or all of my tangible personal property, whether the writing is executed before or after I execute this will, I direct that the writing be incorporated into this will and followed by my personal representative. If my personal representative cannot find any such writing within thirty days after my death, my personal representative may presume that no such writing exists and shall distribute my tangible personal property in accordance with the provisions of this will.“

Unlike a codicil, a personal property memorandum doesn’t need to be witnessed. You can simply sign it and attach it to your will. Should you change your mind about the distribution of your property at some point in the future, you can simply remove the old memorandum and attach a new one. However, you cannot add a memorandum after the fact. It has to be mentioned in the original will. 

Remember, too, that a personal property memorandum should only be used to bequeath tangible property that does not require a title to convey ownership (for instance, a car, a boat or real estate). Bequests of cash, securities and business interests should be enumerated in your will. 

Note: According to Nolo, a personal property memorandum is currently not valid in the following 20 states:

• Alabama
• Connecticut
• Georgia
• Illinois
• Kentucky
• Louisiana
• Maryland
• Mississippi
• New Hampshire
• New York
• North Carolina
• Ohio
• Oklahoma
• Oregon
• Pennsylvania
• Rhode Island
• Tennessee
• Texas
• Vermont
• West Virginia

If you are making any substantive changes to your will, creating a new will is often the safest and easiest approach. You should also create a new will when you experience a significant life event, such as getting married, having a child or getting divorced. You want your will to reflect your current life situation, not what was true 5 or 10 years ago. 

To ensure that only your new will is honored after your death, state in your new will that you are unequivocally revoking any previous wills and codicils, and list them by date. It’s also a good idea to destroy your old will, preferably in front of witnesses. The courts can’t honor something that no longer exists. 

Sources

“What Is a Codicil?” The Balance. https://www.thebalancemoney.com/what-is-a-codicil-3505182 

“Using a Personal Property Memorandum With Your Will”. NOLO. https://www.nolo.com/legal-encyclopedia/using-personal-property-memorandum-with-your-will.html

“What Is the Best Way to Update My Will?” NOLO. https://www.nolo.com/legal-encyclopedia/what-the-best-update-will.html