Is My Attorney the Only Person Able to Change my Will?

Estate planning is something that everyone needs to do. Some people take the first step by creating a Will, but estate planning is not a one-and-done deal. You will likely need to make changes along the way as new family members are born and older ones pass away. Or maybe you gain or lose assets or want to change your executor. You should review your Will periodically and make sure it still reflects your wishes.

When it’s time to amend your Will, you may wonder: Do I have to have my attorney do it? Is my attorney the only person able to change my Will?

The good news is that you are required to use a lawyer. If you have changes to make, you can legally amend your Will by yourself. But if you have changes to make, only you or an attorney can legally make the changes. You do not necessarily need to use the same attorney that you did in the past. You can choose a different one.

Whatever you decide, it is most advisable to consult with an attorney. This ensures that the changes comply with Tennessee law and accurately reflect your intentions. An attorney can also be helpful in this situation because they can help prevent common mistakes that could lead to disputes among family members or legal challenges to your documents.

But if you really want to amend the Will on your own, here are some ways to go about it.

Create a Codicil

This is simply changing a Will. A “Codicil” is an “amendment” to your Will. However, all the formalities of creating a Will also have to be done when creating a Codicil.

An appropriate time to consider a change to your Will is when a beneficiary passes away or when you want to change the person you named executor.

There are two ways to make a Codicil:

Type up the specific updates you want, and print the Codicil out. Then you will need to execute the Codicil in the presence of at least two witnesses who are not named anywhere in your Will or Codicil. How do you execute it? You must tell the witnesses that the document is your Codicil to your Will, then sign the Codicil in the presence of the two witnesses. Then the two witnesses must also sign in your presence and in the presence of each other. That is all that is required for proper execution. However, it simplifies the probate process if you also have the witnesses sign a self-proving affidavit at the same time, but you should have an attorney help with this.
Handwrite in your own handwriting the specific updates you want. Then sign and date the Codicil in your own handwriting.

You cannot mix and match parts of #1 and #2 to suit yourself. You must follow the exact requirements of either the first or the second option, or your Codicil will be invalid.

Once your Codicil is done, make sure this Codicil is kept together with the original Will.

Make a Personal Property Statement or List

If your original Will refers to a personal property statement or list to dispose of tangible personal property items not otherwise disposed of under the Will, and you have made this statement or list, you might be able to just replace it. A personal property statement or list is a list of personal items and their recipients. It is used in Tennessee to extend a Will or trust. It can help avoid arguments over who gets what when someone dies.

Your personal property statement or list would be in your own handwriting or would be signed by you. It must also be dated. It needs to specifically describe each item and its condition, and specify who will receive each item. You can alter this statement or list as long as you sign and date your alterations. Please note that there are things that are tangible that cannot be given by this statement or list, including money, stocks and bonds, and some other things. This is why having a lawyer to help with the statement or list is advisable.

Seek Legal Help Today

If you are looking to make changes to your Will, there are ways to go about it without seeing an attorney. However, there are strict laws and procedures involved, so it’s important to make sure you understand everything that needs to be done.

Get peace of mind from Brentwood probate & estate administration lawyer Judy A. Oxford, Attorney at Law. I have the experience and skill necessary to try to help you achieve your goals effectively and efficiently. Schedule a consultation today by calling (615) 791-8511 or filling out the online form.