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Can I change my will?

On Behalf of | Jun 8, 2023 | Estate Planning |

Getting a will in place is a great move. Once you complete the document, you may wonder if you can make changes to it later.

Texas law does allow changes, and there are a range of reasons why you may decide to do it. Life changes constantly, which is something you want your will to reflect. When something happens to change your circumstances, such as a marriage, a birth, a death or a divorce, then you will want to update your will. Legally, you have every right to do so, but it is important to do it properly so that it does not cause issues in probate.

Making changes

To make changes to your will, you need to follow the same process as you did when creating the will. You should never just cross out things or add things to the document without following the right legal channels. The proper way to make changes is with a codicil, which is an amendment.

Making changes without ensuring they are valid will result in probate problems. Someone can easily contest your will. The court could potentially throw out the whole document or at least invalidate the parts where you made changes.

Revoking a will

You also have the right to revoke the whole will. If you need to make substantial changes, this may be the easiest option. You will need to first revoke the old will and then create a new one. Make sure everything is in writing and you follow the former channels to destroy or terminate the old will. Having two wills is another recipe for issues in probate.

You have the right to change your will, and you should do so regularly so that it stays on track with the circumstances in your life.