How to Change or Update Your Will: Codicil vs. New Will

Can you just write changes on your signed will?

No. Words you add after signing weren't signed and witnessed, so they generally have no legal effect. Crossing words out can be worse. In states that follow the Uniform Probate Code, canceling or obliterating any part of a will with the intent to revoke it revokes that part (UPC §2-507). That can leave your family with a will you never intended, or a court fight over what you meant.

Treat a signed will as finished. To change it, sign a codicil or a new will.

What is a codicil?

A codicil is a separate document that amends or revokes part of your will without replacing it (Cornell Legal Information Institute). Under the Uniform Probate Code, a "will" includes a codicil (UPC §1-201), so a codicil must be signed with the same formalities as a will. In most states that means signing in front of two adult witnesses, who also sign. Where your state allows, you can add a notarized self-proving affidavit, just as with a will. See what makes a will valid and your state's signing rules.

A codicil works well for a single, simple change, such as:

• Naming a new executor or guardian.
• Changing who receives a specific item.
• Adding a gift to a charity.

Keep the signed codicil with your original will.

If the change you want is adding a charitable gift, our free will builder can write a codicil for it, along with gift wording and a signing checklist for your state. It's free, needs no account, and your answers stay in your browser. It doesn't prepare wills or codicils for Louisiana or North Carolina residents.

When is a new will better than a codicil?

Choose a new will when:

• You've married, divorced or had a child.
• You want to change who inherits most of your estate.
• You've moved to another state. Your old will is generally still valid if it was valid where you signed it (UPC §2-506), but a new one can follow your new state's rules.

If you have a living trust, make sure the new will still leaves leftover property to the trust. See will vs. living trust.

How do you revoke a will?

Under the Uniform Probate Code, you can revoke a will in two ways (UPC §2-507):

1. Sign a new will that revokes the old one, either expressly or by being inconsistent with it. A new will that disposes of your whole estate is presumed to replace the old one, but a clear sentence revoking all earlier wills removes any doubt.
2. Destroy it on purpose. Burning, tearing, canceling, obliterating or destroying the will revokes it if you do it intending to revoke, or if someone else does it in your conscious presence and at your direction.

Watch for two traps:

• Revoking a newer will doesn't automatically bring back the old one. Under the UPC, an earlier will that was fully revoked stays revoked unless it's evident you meant to revive it (UPC §2-509).
• A missing will may be presumed revoked. In California, if your will was last in your possession and can't be found after your death, the law presumes you destroyed it to revoke it (Cal. Prob. Code §6124).

What happens to your will if you marry?

Marriage doesn't usually cancel your will. Most states abandoned the old rule that marriage or a new child revoked an entire will. Instead, they give the new spouse or child a set share and leave the rest of the will in place (Sveen v. Melin, U.S. Supreme Court, 2018).

Under the Uniform Probate Code, a spouse you marry after signing your will generally receives at least what they'd get if you had no will, from the part of your estate not left to your children from an earlier relationship. That doesn't apply if the will was made with the marriage in mind, says it stays effective after a marriage, or you provided for your spouse outside the will (UPC §2-301).

Georgia takes a similar approach. A later marriage, birth or adoption gives the new spouse or child the share they'd receive without a will, unless the will was made with that event in mind (Ga. Code §53-4-48). See wills for married couples and blended families.

What happens to your will if you divorce?

Almost every state has a law that cancels gifts to a former spouse in a will once you divorce (Sveen v. Melin). The rest of the will stays in effect.

The Uniform Probate Code goes further. It also cancels your ex's appointment as executor, trustee, guardian or agent, covers your ex's relatives, and reaches beneficiary designations and revocable trusts. It also ends the right of survivorship on property you and your ex own as joint tenants (UPC §2-804). As of 2018, 26 states had laws substantially similar to the UPC's (Sveen v. Melin).

The details vary by state:

Three cautions:

• The divorce must be final. Under the UPC and in California, a legal separation doesn't count. Ask your divorce lawyer what you're allowed to change while a case is pending.
• Federal law can override state law. For employer retirement plans governed by ERISA, the Supreme Court held that the plan documents control, so an ex still named on the form may be paid (Egelhoff v. Egelhoff, 2001).
• Don't rely on automatic rules. After a divorce, sign a new will and update every beneficiary form.

What life events should trigger a will review?

Review your will every three to five years, and after any of these:

• Marriage, remarriage or divorce.
• The birth or adoption of a child or grandchild.
• The death of a beneficiary, executor or guardian you named.
• A move to another state.
• Buying or selling a home or business, or a big change in your wealth.
• A child reaching adulthood, which may change whether you need a guardian.
• A beneficiary's new needs, such as a disability.
• A change in the causes you want to support.

How do you safely destroy an old will?

1. Sign the new will first. Don't destroy the old will until the new one is properly signed and witnessed, or you could be left with no will at all.
2. Collect every signed original. Ask your lawyer for any original they hold. If you deposited your will with a court, get it back. Texas, for example, lets a county clerk return a deposited will to you during your life (Tex. Estates Code §252.051).
3. Destroy the originals yourself, or have someone do it in your presence and at your direction (UPC §2-507). Shredding works.
4. Mark or shred old copies so no one mistakes them for your current will.
5. Tell your executor where the new original is kept.

If you expect someone to challenge your new will, talk to a lawyer before destroying old versions.