Updating Your Will in Massachusetts
Updating Your Will: The Power of Codicils in MassachusettsLife is ever-changing, and so are your wishes and needs for your estate plan. Things like the birth of a child, divorce, death of a family member, or just your changing needs and goals as you age may require updates to your plan.
Any time you are thinking about updating your plan, you should have a complete review with an estate planning attorney to make sure all of your bases are covered. If it turns out that all you need is a simple change to your will, you can do this without starting all over again using a "codicil." A codicil is a simple document that allows you to modify your existing will legally and efficiently. Let's explore how codicils work and when they are the right choice for your estate planning needs. |
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Understanding Codicils
A codicil is a legal document that allows you to make specific changes to your existing will without creating an entirely new will. It's a flexible tool provided by estate planning law, ensuring your estate plan remains up-to-date as your circumstances change.
Legal Requirements for a Valid Codicil
For a codicil to be legally valid in Massachusetts, it must meet the same requirements as your original will. These requirements include:
- In Writing: The codicil must be in written form.
- Signature: You must personally sign the codicil.
- Witnesses: The codicil must be signed and witnessed by two adults who are not beneficiaries under the codicil.
- Mental Capacity: As with your original will, you must have the necessary mental capacity to make changes through a codicil.
Using a Codicil for Specific Changes
Codicils can be an excellent solution for making targeted changes to your estate plan. Here are a few scenarios where a codicil might be the right choice:
1. Expanding Beneficiaries: If you wish to include additional heirs not covered by your original plan, such as stepchildren or specific charities, a codicil can help you achieve this without redoing your entire estate plan.
2. Correcting Signing Defects: Codicils can rectify signing defects in your original will, especially if one of your witnesses was a beneficiary. This is particularly useful when dealing with wills from other states that may have different requirements.
3. Changing Your Personal Representative: Life events like moving away, death, or incapacity can impact your previously named personal representative (formerly known as an executor/executrix). Use a codicil to appoint a new representative without the need for a full estate plan revision.
4. Modifying Guardianship for Minor Children: If you initially named your parents as guardians for your minor children and circumstances have changed, a codicil can help you designate a new guardian.
1. Expanding Beneficiaries: If you wish to include additional heirs not covered by your original plan, such as stepchildren or specific charities, a codicil can help you achieve this without redoing your entire estate plan.
2. Correcting Signing Defects: Codicils can rectify signing defects in your original will, especially if one of your witnesses was a beneficiary. This is particularly useful when dealing with wills from other states that may have different requirements.
3. Changing Your Personal Representative: Life events like moving away, death, or incapacity can impact your previously named personal representative (formerly known as an executor/executrix). Use a codicil to appoint a new representative without the need for a full estate plan revision.
4. Modifying Guardianship for Minor Children: If you initially named your parents as guardians for your minor children and circumstances have changed, a codicil can help you designate a new guardian.
When to Consider a Full Estate Plan Revision
While codicils are invaluable for specific changes, they may not be the best solution for substantial life changes. In such cases, seeking legal advice is wise. Major life events like divorce, remarriage, significant wealth changes, or complex family dynamics may require a more comprehensive estate plan revision.
Meet Our Estate Planning Lawyers
Emily Smith-Lee is the owner and founder of slnlaw. She is a 1996 graduate of Boston College Law School. She was previously a partner at the Boston office of a large international firm, where she worked for thirteen years before starting the firm that became slnlaw in 2009. She has been recognized as Massachusetts Superlawyer each year since 2013, and in 2018 earned recognition as one of Massachusetts Lawyers Weekly's Lawyers of the Year.
Jenna Ordway: Jenna is a 2013 graduate of Quinnipiac Law School, and also earned an LLM in Taxation from Boston University in 2015. She has been affiliated with slnlaw since 2011, first as a law clerk and then as an attorney. Jenna has been recognized since 2019 as a "Rising Star" by Massachusetts Superlawyers. Jenna wrote a book on estate planning: The Road to Peace of Mind: What You Need to Know About Estate Planning. Jenna has helped many individuals and families with planning to protect their legacies and loved ones, and planning for the future and succession of their businesses.
Sharleen Tinnin: Sharleen is a 2010 graduate of Northeastern University School of Law, and earned her LLM in estate planning from Western New England Scool of Law in 2016. She has been with slnlaw since 2023. Prior to joining slnlaw, she worked with King, Tilden, McEttrick & Brink, P.C. on complex civil litigation matters. She previously worked for the United States Department of Justice, and received an "Excellence in Justice" award in 2017. Sharleen has helped many clients with planning for their legacies and their future, and navigating the probate process in Massachusetts after the death of a loved one.
How We Can Help
At slnlaw, we can assist you in reviewing your existing documents, understanding the implications of life changes, and making informed decisions about your estate plan. Contact us today to ensure your estate planning aligns with your evolving needs and wishes. Your peace of mind is our priority. You can use the button below to schedule a free information call, or simply give us a call at 781-784-2322.
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