How Can I Change My Will?

Creating a will is a crucial step in making sure that your assets are distributed according to your wishes after you pass away.

However, life is full of changes, and you might find that your original will no longer reflects your current situation or intentions. Whether due to changes in family dynamics, financial circumstances, or personal preferences, updating your will is a necessary task to maintain its relevance and effectiveness. If you reside in Kansas or Missouri, this guide will help you understand how to change your will properly.

Understanding the Basics

A will, or last will and testament, is a legal document that outlines how you want your assets distributed after your death. It also names an executor to manage your estate and can designate guardians for minor children. Changing a will involves either creating a new will or adding a codicil, which is an amendment to the existing will. Understanding these foundational aspects is essential because a will serves as a legally binding directive for the disposition of your property and other wishes, making it imperative to keep it current and reflective of your true intentions.

Reasons to Change Your Will

Several situations might prompt you to change your will and testament:

1. Marriage or Divorce

2. Birth or Adoption of Children

3. Death of Beneficiaries

4. Changes in Assets

5. Relocation

6. Change of Heart

It's important to regularly review your will, especially after significant life events. By doing so, you make sure that your document remains aligned with your current situation and desires. Failing to update your will after major life changes can lead to unintended consequences, such as outdated bequests or the wrong individuals inheriting your estate. Regular reviews also help in catching any potential legal issues early, creating a smoother probate process for your heirs.

Steps to Change Your Will in Kansas

1. Review Your Current Will

Before making any changes, thoroughly review your existing will. Understand what provisions you want to alter, add, or remove. This step is crucial because it helps you identify specific sections that no longer apply and prevents potential conflicts or inconsistencies in your new will or codicil.

2. Decide on a Method

You can either create a new will or add a codicil. A new will completely replaces the old one, while a codicil amends the original document. Each method has its benefits; for instance, a new will can provide a clean slate, erasing any ambiguities, while a codicil can be a quicker, less cumbersome way to make minor adjustments.

3. Creating a New Will

Write a Statement of Revocation. Clearly state that your new will revokes all previous wills and codicils. This makes sure there is no confusion about which document is legally binding.

Draft the new will and include all necessary updates and follow the legal requirements for a valid will in Kansas, which include:

• Being at least 18 years old and of sound mind

• The will must be in writing

• The will must be signed by you and witnessed by at least two credible witnesses who aren't beneficiaries

Sign your new will in the presence of witnesses, who must also sign the document.

4. Adding a Codicil

Clearly state the changes you want to make to your existing will and testament. Be specific about which parts of the will are being altered. Just like a will, a codicil must be signed and witnessed according to Kansas law. Keep the codicil with your original will, making sure they're stored together. This attachment is essential to avoid the codicil being overlooked or misplaced, which could lead to the outdated provisions being enforced.

5. Notify Relevant Parties

Inform your executor, beneficiaries, and anyone else involved in your will of the changes. This helps prevent confusion and makes sure your wishes are carried out accurately. Transparent communication with those affected by your will and testament can also mitigate the risk of disputes or misunderstandings later on.

6. Store the Updated Will Safely

Keep your new will or will with the codicil in a secure location, such as a safe deposit box or with your attorney. Make sure your executor knows where to find it. Proper storage is critical because a lost or inaccessible will can complicate the probate process and delay the execution of your estate.

Common Mistakes to Avoid

1. Failing to Revoke Previous Wills: Make sure your new will explicitly states that it revokes all previous wills and codicils.

2. Not Updating Beneficiaries: Regularly review and update beneficiaries to reflect current relationships and preferences.

3. Improper Execution: Follow Kansas law precisely when signing and witnessing your will or codicil to avoid legal challenges.

4. Storing the Will Incorrectly: Keep your will in a safe, accessible place and inform your executor of its location.

5. Not Consulting an Attorney: While you can change your will without legal assistance, consulting an attorney makes sure that your will complies with Kansas law and accurately reflects your wishes.

When to Consult an Attorney

While it’s possible to change your will and testament on your own, there are situations where consulting an attorney is advisable:

• Challenging Estates: If your estate is large or includes challenging assets, professional advice can make sure everything is properly addressed.

• Disputes: If you anticipate any disputes among beneficiaries, an attorney can help draft a will that minimizes potential conflicts.

• Significant Changes: Major life changes, such as remarriage or acquiring substantial assets, often require professional guidance to update your will correctly.

• Legal Compliance: An attorney makes sure that your will complies with all legal requirements in Kansas and that your changes are valid and enforceable.

Consulting an attorney not only helps in drafting a legally sound document but also provides peace of mind. Attorneys can offer personalized advice, address specific concerns related to your estate, and help manage any legal difficulties, making sure your will stands up to any scrutiny it might face in probate court.

Seek Legal Counsel Today

Updating your will and testament is an important step in estate planning, making sure that your final wishes are honored and that your loved ones are provided for according to your current intentions. Whether you’re adding a codicil or creating a new will, following the legal requirements in Kansas is crucial for the validity of your updated document. By taking the time to review and revise your will as needed, you can have peace of mind knowing that your estate will be handled according to your wishes.

If you have any doubts or your situation is challenging, consulting an attorney can provide the expertise needed to manage the process smoothly. Get in touch with Joseph A. DeWoskin P.C. today. He has a military background as well as a deep knowledge of the law in Kansas City, Kansas.

Keep your will up-to-date, and store it safely to make sure it’s readily accessible when needed. Your diligence in maintaining your will makes sure that your legacy is preserved and your loved ones are cared for in the way you intend. Taking proactive steps now can save your beneficiaries from future difficulties and make sure that your estate is managed according to your precise specifications. DeWoskin serves Johnson, Leavenworth, and Wyandotte counties in Kansas as well as Jackson, Cass, Clay, and Platte counties in Missouri.