Is there such a thing as a temporary Will that can be executed during travel?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
Is there such a thing as a temporary Will that can be executed during travel?
My wife and I will be traveling overseas without my daughter. I do have a Will in place but want
to draw up a temporary Will designating everything to my daughter should something happen to my wife and I. Is there a document that could be utilized to cover this request? We will be gone 1 week.
Asked on March 27, 2019 under Estate Planning, Alabama
Answers:
M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney
Answered 5 years ago | Contributor
Unfortunately, a Will is permanent; there is no such thing as a "temporary Will", even for travel purposes. Accordingly, you can either execute a new Will that designates everything go to your daughter and then upon your return you can execute another Will that provides for the same terms as your current Will. While this requires extra work, it is the only way to accomplish what you want.
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 5 years ago | Contributor
No, there is no such thing as a temporary will: there are only wills, which are permanent until and unless changeed. You can draw up (and must have properly signed and witnessed!) a new will replacing the old one, but then to put the old will back in force, will need to have a "newer" will created--which can be 100% identical to the current one--and properly signed and executed. That is, you can replace a will as often as you like, but each replacement is now THE will until it in turn is replaced.
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.