How Can I Change My Will?

As an estate planning attorney with over three decades of experience, I’ve seen firsthand how life can take unexpected turns, requiring adjustments to even the most well-thought-out estate plans. Missouri law provides several options to change your will, securing arrangements that reflect your current wishes and family circumstances. Whether it’s the birth of a new grandchild, a change in marital status, or a shift in financial standing, knowing how to update your will is crucial for keeping your estate plan aligned with your goals.

When Should You Consider Changing Your Will?

Several life events might prompt you to change your will. Significant changes, such as marriage, divorce, or the birth of a child, often necessitate an update. For example, if you’ve recently married, you may want to include your spouse in your will. Missouri law automatically revokes any provisions made for a former spouse once a divorce is finalized, but it’s still wise to update your will after a divorce to see to it that your assets are distributed according to your new wishes.

Similarly, a change in your financial situation, such as acquiring new property or selling an asset, could require a will update. If you’ve recently purchased a home or inherited valuable assets, it’s important to include these in your will to avoid potential disputes among heirs. Lastly, if your relationships with beneficiaries or executors have changed, you might want to appoint someone else to handle your estate or adjust the portions your beneficiaries will receive.

What Are Your Options for Changing Your Will?

Missouri law offers two primary methods to change your will: creating a codicil or drafting a new will entirely. A codicil is a legal document that allows you to make small changes to your existing will without replacing it entirely. For example, if you want to change the executor of your will or add a new beneficiary, a codicil may be sufficient. However, the codicil must follow the same formalities as a will, including being signed by the testator and witnessed by two individuals.

If you need to make more substantial changes, such as altering multiple provisions or completely revamping your distribution plan, drafting a new will is often the better option. When creating a new will, it’s essential to explicitly revoke any previous wills to prevent any confusion or legal challenges. Missouri law requires that the new will must be executed with the same formalities as the original, including the signature of the testator and the presence of two witnesses.

What Role Does an Estate Planning Attorney Play?

Working with an estate planning attorney can simplify the process of updating your will. As an attorney, I understand the intricacies of Missouri law and can help you avoid common pitfalls that could invalidate your will or lead to unintended consequences. For example, if you attempt to modify your will without proper legal guidance, you might inadvertently create conflicting provisions that could result in legal disputes among your heirs.

An estate planning attorney can also advise you on the most effective ways to achieve your goals. For instance, if you want to provide for a minor child or grandchild, I might suggest setting up a trust instead of simply naming them as a beneficiary in your will. Trusts offer additional protections and flexibility to secure the child’s inheritance according to your wishes until they reach adulthood. Additionally, if you’re concerned about minimizing estate taxes or protecting your assets from creditors, an attorney can recommend strategies to address these issues within your will.

What Steps Should You Take When Changing Your Will?

The first step in changing your will is to thoroughly review the current document. Take note of any provisions that need updating or no longer reflect your wishes. Next, consult with an estate planning attorney to discuss your goals and the best approach to achieving them under Missouri law. I often encourage clients to consider the potential impact of changes on their overall estate plan, including any trusts, powers of attorney, or other legal documents they may have in place.

Once you’ve decided on the changes you’d like to make, your attorney will draft the necessary documents, whether it’s a codicil or a new will. It’s important to make sure that these documents are executed properly, with all required signatures and witnesses, to avoid any challenges to the validity of the will. After the new will or codicil is finalized, it’s advisable to store it in a safe place, such as a fireproof safe or a secure deposit box, and inform your executor of its location.

Which Common Mistakes Should You Avoid When Changing Your Will?

One common mistake people make when changing their will is failing to properly revoke the previous will. Missouri law recognizes the most recent valid will as the controlling document, so any older wills must be explicitly revoked. This can be done by including a revocation clause in your new will or by physically destroying the old will. If there’s any ambiguity about which will is intended to be the final one, it could lead to legal disputes among your heirs. Proper revocation helps make your estate plan clear so that your wishes are honored without confusion or conflict.

Another mistake is attempting to make changes without the guidance of an estate planning attorney. Even seemingly minor alterations can have significant legal implications, and trying to modify your will on your own could result in unintended consequences. For instance, crossing out a beneficiary’s name and writing in a new one might seem straightforward, but without proper execution, this change could be deemed invalid. Additionally, failing to communicate your changes to your executor or loved ones can create confusion and complications after your passing. While you’re not required to share the details of your will with anyone, informing your executor of the changes you’ve made and where the updated will is stored can help guarantee that your estate is administered smoothly and according to your wishes.

Estate Planning Is an Ongoing Process. Are You Prepared?

Estate planning isn’t a one-time event but an ongoing process that should be revisited periodically. As your life circumstances change, your estate plan should evolve to reflect your current goals and priorities. Regularly reviewing and updating your will help you make sure that your assets are distributed according to your wishes and that your loved ones are protected. In my practice, I’ve found that clients who take a proactive approach to estate planning are better prepared for life’s uncertainties. This proactive approach often prevents potential legal complications.

Contact an Estate Planning Lawyer Today

When you’re ready to change your will, consider reaching out to an experienced estate planning attorney in Missouri. With over three decades of experience, I’m here to inform you of the legal requirements and make sure your will accurately reflects your current wishes. By taking the necessary steps today, you can protect your assets and your loved ones in the future, giving you peace of mind that your estate plan is comprehensive and up to date. 

Whether you’re updating your will due to a major life event or simply want to review it to see that it still aligns with your wishes, working with an estate planning attorney can provide the guidance and assurance you need. If you need to draft or modify a will, call me at David W. Walker Attorney at Law today. My office is located in Columbia, Missouri and I serve clients from Jefferson City, Fulton, and Boonville.