Winthrop Estate Planning Attorneys Help You Change Your Will
Knowledgeable lawyers provide clear guidance when circumstances shift
Your will is the cornerstone of your estate plan. It ensures estate assets are distributed according to your wishes. But life is far from static, so your preferences could change numerous times after you’ve completed your original last will and testament. If you're a Massachusetts resident thinking about changing your will, Chapdelaine, Ryan & Associates in Winthrop is ready to help you review and update your instructions. We provide trustworthy guidance based on decades of estate planning experience.
Reasons to change your will
There are many valid reasons to revisit, and possibly revise, your will. Common justifications include the following:
- Marriage or divorce — You might add a new spouse as a beneficiary, or remove a former husband or wife.
- Birth or adoption — Shortly after adding a new child to your family, you should include them within your will and guardianship preferences.
- Death of beneficiary or executor — When someone named in your will passes away, you’ll need to adjust your terms accordingly or possibly risk intestacy.
- Significant changes in assets — The acquisition or sale of property, or the success of a business venture can affect how you wish to divide your estate.
- Changes in relationships — Your feelings about an apparent heir (or their reliance on a bequest from you) can change, prompting a revision to an estate plan.
To ensure that your estate plan is up to date, we recommend reviews when one of these significant life events occurs, as well as periodic checks if you haven’t looked at your documents in a few years.
Legal requirements for amending a will in Massachusetts
Massachusetts law provides two main options to change your will:
- Codicil — You execute a separate legal document that amends, rather than replaces, your original will.
- New will — You can start from scratch with a document that replaces the original. Your new will should include language explicitly revoking all previous iterations.
In either case, the testator must be of sound mind and at least 18 years old. You must sign the will or codicil in the presence of two competent witnesses, who also sign in your presence.
Mistakes to avoid when changing your will
Common pitfalls you want to avoid include the following:
- Making informal changes — Handwritten notes you make on the original might not be legally binding.
- Failing to revoke the old will — If you don’t formally disavow the previous version of your will, you open your probate process to confusion and legal disputes.
- Failing to update related documents — If you have trusts, beneficiary designations and powers of attorney designed to work in conjunction with your will, you might have to update them also.
- Omitting witnesses — Your changes must be executed with the same formality as an original will.
To ensure full compliance with Massachusetts law, you should consult an estate planning attorney when you’re considering a revision.
Storing and communicating your updated will
A will is of little use if your loved ones can’t find it at the crucial moment. You should store the document in a secure, accessible place, such as a safe deposit box, a fireproof home safe or in the custody of your attorney. It is a good idea to notify your executor and next of kin as to the updated will’s whereabouts. Once the revision is executed, destroy old versions to prevent confusion and reduce any chance of disputes.
The role of an estate planning attorney
An experienced estate planning attorney is your best resource when changing a will. Our knowledgeable lawyers not only ensure your amendments comply with Massachusetts law; we also provide personalized counsel to help you understand potential consequences that you might not have considered. We are adept at developing solutions for complex estate challenges, such as situations involving blended families, transfer of business ownership or charitable giving. Importantly, we ensure your intentions are clearly stated to minimize the chances of will contests after your passing.
Contact a skilled estate planning lawyer for will changes in Massachusetts
Chapdelaine, Ryan & Associates in Winthrop has extensive experience revising wills for clients in the greater Boston area. To discuss potential changes to your will, please call 617-870-6728 or contact us online.
