If I need to change the executor of my Will, do I need to use an atterney to draft a new one?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
If I need to change the executor of my Will, do I need to use an atterney to draft a new one?
It is over 10 years old but nothing else needs to be changed.
Asked on July 9, 2015 under Estate Planning, New Jersey
Answers:
M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney
Answered 9 years ago | Contributor
You can update your Will by using what is called a "codicil"; it's like an amendment to an exisiting Will. A codicil can be used when only a simple change is needed; for example, a name change of one of the beneficiaries, additional instructions for your burial or, as in your case, replacing the person named as executor,
Note: A codicil requires specific phrasing and must follow the same execution (signing) rules as a Will under applicable state law.
However, since 10 years have elapsed since you executed your Will, drafting a new Will instead of adding a codicil might be advisable. A substantial change in life circumstances and/or finances would dictate this. You may also wish to consult with a probate attorney to help you write either write your codicil or a new Will so that your wishes regarding the distribution of your estate are respected.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.