Changing a Will can feel confusing, but it’s a process you can handle with the right information. Whether you want to update a small detail or make big changes, North Carolina law lets you do this in a few different ways. Understanding your options and what the law requires can help you protect your wishes and make sure everything is clear for your family.
Two Ways to Change Your Will
In North Carolina, you can update your Will by either creating a new Will or by adding a codicil. A new Will replaces any older Wills when it clearly states so. This is the best choice when you want to make several or major changes.
A codicil is an official way to make smaller changes, like changing the name of a beneficiary or updating the executor. It is a separate document that must follow the same rules as a Will: you must sign it, and have witnesses watch you sign it. While codicils are faster to create, having more than one document can sometimes cause confusion after you pass.
When Should You Change Your Will?
It’s a good idea to review your Will every 3 to 5 years, or any time you experience major life events such as:
- Getting married or divorced
- Having a child or grandchild
- A beneficiary or executor dies
- Buying or selling major property like a home
- Planning for long-term travel or living arrangements
These life events often mean your Will should be updated so it still matches your current wishes.
Costs of Changing a Will
How much it costs depends on your method. Working with a lawyer usually costs between $100 and $500 for a Will update or codicil. Writing your own documents can save money but carries risks if you do not follow legal rules exactly. Some online services offer affordable yearly plans that allow you to make unlimited updates, but these may not be right if your situation is complex.
Is Handwriting Changes to Your Will Allowed?
Making handwritten changes on a printed Will is not recommended. Most states, including North Carolina, might not accept these changes because they don’t follow formal legal rules. Handwritten notes can cause confusion or disputes. To be safe, always make updates with a codicil or by writing a new Will.
How to Change Your Executor
Your executor is the person who handles your estate after you pass. If you want to change who that person is, you must do so in writing. A codicil or new Will can name a new executor and remove the old one. Just like the rest of the Will, this document must be signed and witnessed according to North Carolina laws.
How to Revoke an Old Will
You must revoke your old Will for your new changes to take effect. This can be done by:
- Writing a new Will that says it cancels all previous Wills (called express revocation)
- Writing a new Will that conflicts with the old one (implied revocation)
- Physically destroying the old Will by tearing it up, burning it, or shredding it
Destroying old copies helps prevent confusion or challenges after your death. Make sure you keep your new Will in a safe place and inform someone you trust about its location.
What to Do After Changing Your Will
Once your Will or codicil is ready, follow these steps:
- Sign it and have the proper number of witnesses watch you sign
- Store the updated document somewhere safe, like a fireproof box or with an attorney
- Tell a trusted family member or friend where the Will is stored
- Destroy any old versions so only the current one is valid
Following these steps helps avoid problems for your loved ones when the time comes.
Conclusion
Changing your Will is a way to keep your estate plan up to date with your life. You can choose to write a new Will or add a codicil to make smaller changes. Always follow state rules about signing and witnesses, and keep your documents safe. If you want help, talk to an experienced estate planning attorney who knows North Carolina law.
Call (910) 777-5734 to get started on updating your Will today.