You can modify a will without a lawyer by drafting a codicil, a short document that amends specific provisions and must be signed and witnessed like the original will, or by writing a new will that revokes the old one. Either works for straightforward changes, as long as you still have testamentary capacity when you sign.
Failing to update a will after a major life event is a common and costly mistake. Chief Justice Warren Burger left a typewritten, 176 word will full of errors when he died in 1995, and the mistakes led his heirs to pay nearly half a million dollars in additional taxes and forced the family to seek court approval for basic administrative tasks. FastWill can help you make changes correctly the first time.
What Circumstances Should Prompt a Revision
- Family changes: A birth, death, marriage, or divorce can all affect who you want as a beneficiary or guardian.
- Asset changes: Buying or selling property, starting a business, or receiving a significant inheritance may call for updated instructions.
- Beneficiary changes: Relationships evolve, and you may want to add stepchildren, remove a beneficiary, or adjust how shares are divided.
Drafting a Codicil
A codicil is a separate document used to amend an existing will. According to Cornell Law School's Legal Information Institute, a codicil is a supplement that either amends or revokes a decedent's will in whole or in part. It must be executed with the same formalities as the original will, meaning it generally needs to be signed and witnessed following your state's specific rules, the same way a full will does.
Using a Personal Property Memorandum
Some states let you attach a personal property memorandum to your will, a more informal list covering items like jewelry, artwork, and other personal belongings. It is typically easier to update than a formal codicil, but it must be specifically referenced in your will to carry legal effect, so the will itself has to mention that the memorandum exists and should be followed.
When to Write a New Will Instead
If you are making several changes at once, or the changes are substantial, writing a new will that explicitly revokes all prior wills and codicils is usually cleaner than layering multiple amendments on top of an old document. This also reduces the risk of contradictory instructions across several documents. See our guide on common will mistakes and how to avoid them for the signing errors that apply to both a codicil and a new will, and beware of the handwritten will if you are considering a handwritten update instead of a formal codicil.
Revoking a Will Entirely by Physical Act
Beyond a codicil or a new will, many states also recognize revocation by physical act, meaning you destroy the original document with the intent to revoke it. Under the Uniform Probate Code's approach, adopted with variations in a number of states including New Mexico, a will is revoked if the testator burns, tears, cancels, obliterates, or destroys it, or directs someone else to do so in their presence, according to New Mexico's codification of the rule. The act does not even need to touch the actual printed words to count, as long as the intent to revoke is clear. This method is riskier than it sounds, since a torn or destroyed will that is later found in a way that suggests accidental damage rather than deliberate revocation can create confusion over whether the will was ever actually revoked. Because the rule varies by state and is not adopted everywhere in the same form, confirm your own state's revocation rules before relying on physical destruction instead of a written codicil or a new will that revokes the old one.
Update Beneficiary Designations Separately
Life insurance policies, retirement accounts, and payable-on-death bank accounts pass directly to whoever is named on the account, regardless of what your will says. Review and update these designations directly with each account provider whenever your circumstances change, since they take precedence over your will's instructions.
A Common Scenario
Imagine someone who wrote a will five years ago naming a friend as executor and leaving specific bequests to two nieces. Since then, he has gotten married and had a child. Rather than tearing up the old will, he works with an online estate planning service to draft a new will that explicitly revokes the prior one, names his spouse as executor, adds his child as a beneficiary, and adjusts the bequests to his nieces. Because the new will contains a clear revocation clause and is properly signed and witnessed, there is no ambiguity later about which document controls, and his family does not have to guess whether the old will's terms still apply to anything.
Common Mistakes to Avoid
- Writing changes directly on the original will. Crossing out a name or scribbling a new instruction on the signed original does not meet the legal requirements for a valid amendment and can call the entire document's validity into question.
- Losing track of multiple codicils. Layering several codicils on top of an old will over the years makes it harder for your executor to piece together your actual final wishes; consolidating into a new will eventually becomes the cleaner option.
- Forgetting to revoke the prior will. A new will should explicitly state that it revokes all previous wills and codicils, otherwise you risk two documents that appear to conflict.
- Updating the will but not the accounts. Retirement accounts, life insurance, and payable-on-death accounts are controlled by their own beneficiary forms, not your will, so updating one without the other leaves a gap.
How FastWill Handles Updates
FastWill's will package lets you generate a fully updated will rather than trying to draft a standalone codicil from scratch, which reduces the risk of a technical error in a self-drafted amendment. Each new document you create includes a revocation clause for prior wills, so you are not left guessing whether an old version might still be treated as valid.
Frequently Asked Questions
What is a codicil?
A codicil is a document that amends or revokes part of an existing will. It must be signed and witnessed with the same formalities required for the original will.
Do I need a lawyer to write a codicil?
No, but it must still meet your state's execution requirements. An online estate planning service can help you draft one correctly.
When should I write a new will instead of a codicil?
If you are making several substantial changes, a new will that revokes all prior wills is typically cleaner and reduces the risk of conflicting instructions.
Do beneficiary designations on accounts follow my will?
No. Accounts with a named beneficiary, such as retirement accounts or life insurance, pass directly to that person regardless of what your will states, so they need to be updated separately.
How often should I review my will for needed changes?
Review it after any major life event, such as marriage, divorce, a new child, or a significant asset change, and at minimum every few years even without one.
Make Changes the Right Way
Skipping a proper update, the way Chief Justice Burger did, can cost your family far more than doing it correctly the first time. Update or rewrite your will with FastWill and follow your state's requirements.
