Do You Need an Attorney to Update Your Estate Plan?
When reviewing your estate planning documents, you may notice small changes that feel simple to fix. For example, you might want to name a new trusted decision maker. It can be tempting to cross out a name and write in a new one yourself.
Before doing that, it’s important to understand that many estate planning documents cannot be amended so casually. In some cases, writing directly on a legal document can invalidate it entirely.
Why Proper Updates Matter
Significant changes to your estate plan should be handled with care. Documents often must be redrafted and re-executed using the same legal formalities as the originals, in accordance with state law.
For example:
- Your state may require multiple unrelated witnesses for a new will, even if only one sentence is changing.
- A codicil (an amendment to a will) typically requires the same formal execution as the original will.
- Other documents, such as a power of attorney, trust amendment, or trust restatement, may also require notarization or additional formalities.
Failing to follow these requirements can lead to confusion, disputes, or unintended consequences for your loved ones.
When to Speak With an Attorney
If you’re unsure whether a change requires legal assistance, it’s best to ask before making edits on your own. An experienced estate planning attorney can help you determine whether your documents need to be updated and ensure everything is done correctly.
We’re happy to consult with you and help you decide what changes, if any, are needed to keep your estate plan effective and up to date.
