Making Changes to Your Will

Relationships with family and friends change over time. Sometimes loved ones pass away before you expect them to, you have a falling out with someone you deeply cared for, or you become estranged from a once close family member or friend. These relationship changes may also affect how you wish to allocate inheritance or gifts to your beneficiaries. Under Texas law, it is possible to modify your will without having to draft a completely new one.

Texas wills can be amended by use of a codicil. A codicil is a document that is essentially an amendment to your will. It can add or revoke certain provisions of your original will or even change the majority of your will. Over many years, your wishes may change several times. You can continue to add codicils to your will and amend it as you desire, as long as the most recent codicil is recognized as legally valid by the state.

For a codicil to be legally valid, typically two witnesses and a notary are required. Assistance from a probate lawyer is recommended to ensure that your codicil meets all legal requirements. Once the codicil is drafted with the help of your attorney, it must be dated, signed by you, and signed by two witnesses.

Your lawyer will also add an affidavit to the codicil that includes your signature, the signatures of your two witnesses, and the signature and verification of a notary. Following this procedure will help to ensure that your will and any codicils are properly probated according to your wishes.

Contact Us

For more information on codicils and amending or drafting a will, please contact the experienced Austin estate planning lawyers of Slater, Kennon & Pugh LLP today at 512-338-1100.