If you need to make changes to your last will and testament, here’s what you need to know
Creating a will is an essential step in ensuring that your wishes are carried out and that your loved ones are protected. Our lives are ever-changing, however, which means that wills sometimes need to be revoked or modified to reflect our evolving circumstances.
With that in mind, let’s delve into how these situations are handled under Connecticut state law.
Understanding Will Revocation or Modification Procedures
In Connecticut, a will allows you to bequeath your assets to a person or organization, name guardians or trustees for children and estates and nominate an executor to ensure the will is appropriately carried out.
If you die without a will (or die “intestate”), your estate will be divided according to Connecticut’s intestacy laws. In such a scenario, the estate is generally divided among your closest relatives.
To create a legally valid will in this state, you must have two witnesses observe your signing of the will; those witnesses must then sign the document in front of you.
Once in effect, this will may be modified or revoked at any time. Wills can be revoked by the creation of a new will, destroying the existing will, or having another person destroy it in your presence, at your request.
While this is the simplest way to create new terms for the division of your estate, it’s also possible to modify an existing will. This can be done by including an amendment (or codicil) to the will. This codicil must be witnessed and signed in the same manner as the original will.
Modifications work best for very simple changes. For more substantial changes, it is advisable to simply revoke your existing will and create a new one.
Working with an experienced attorney can help ensure that your will is written to convey your precise wishes, and help mitigate the risk of any challenges to its validity.
Finding the Right Estate Planning Attorney in Connecticut
At Brickley Law, we have the experience to help guide you through every step of the estate planning process. If you need assistance with creating, revoking or modifying a will, we urge you to contact us for a fast and free consultation.