CA Trust Administration Tips: Provisions of a Will, Everything Changes With Time. Your Will Should, Too
Crossing out provisions and adding new ones won’t change a will. Writing a new will is the only valid way to change, revoke, or invalidate an old one.
A codicil can change or add provisions of a will. Therefore, a codicil is an addendum to the Will. The codicil must be written, signed, and witnessed.
What happens if a Will is not up-to-date?
With time, the provisions of a Will become outdated. This happens for a couple of different reasons.
- A trusted representative may have fallen out of favor with the testator
- The children may have married or divorced.
- Grandchildren may have been born.
- The size and nature of the estate may have changed significantly.
Alterations to a Will do not invalidate the document. However, its execution may create many headaches, take more time, cost more, and simply become unenforceable. In California, a divorce automatically revokes any distribution to the former spouse. A change of residency, particularly to another state, could also bring about considerable changes.
Due to these factors, each case must be analyzed by an experienced and skilled California probate law firm.
Attorney Scott Grossman can advise you on how to structure a Will so that it can be left unchanged over the years, as well as be created to make references to separately written detailed lists that can be updated without formalities.
Do you still have questions regarding updating a will? We know this process can be confusing and difficult. Talk to San Diego estate planning and probate attorney Scott Grossman about your situation and the questions you have. Call our lawyers at (951) 683-3704 or (888) 443-6590 for your FREE 30-minute telephone consultation. Also, order our FREE book The Insider’s Guide to California Probate and Trust Administration.