Is Making an Addendum to a Will Legal?
Even if you've drafted a comprehensive last will, significant life events or changes to your assets may require minor amendments to your will. It is legally possible to amend a will with an addendum that is attached to the original will. Depending on the provisions of the state where the will is entered and executed, an addendum usually will carry the same legal force as the original will itself.
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Integrity of a Will
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It is usually pretty difficult to add items to a will or to change it, and for good reason. A will by definition is a document that cannot be verified by its author when it is to be executed, unlike other legal agreements or obligations. As a result, it's important that it is easy to determine the intent of the will's author, and convoluted or contradictory amendments could potentially make it difficult to do so. Nonetheless, it is sometimes appropriate or necessary to use an addendum to make simple amendments and minor changes.
Codicils
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An addendum to a will is called a codicil. It's a legally binding document that can change, add to or remove provisions in the original will. Codicils are less common since the advent of computer word processing, as it was more difficult to rewrite an entire will on a typewriter or by hand. To be legally valid, a codicil must be signed, dated and meet all of the legal requirements of local state law as a normal will.
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Tangible Personal Property Memoradum
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Another method that adds to the content of a will is a tangible personal property memorandum. Like a codicil, this is a separate document from the original will, but carries the same force of law as the will itself. Unlike a codicil, the temporary personal property memorandum is mentioned in the original will and is adopted by reference. A tangible personal property memorandum cannot be used to modify or remove provisions of a will. It is only used to specify the beneficiaries of tangible personal property. According to the American Bar Association, most state courts will recognize and enforce a temporary personal property memorandum.
Using an an Addendum vs. Revoking a Will
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Attaching an addendum to a will is usually not a good idea as it can make the will confusing and create difficulty in determining intent. Most major changes should be made in a new will, rather than a codicil or addendum. Any new wills that are executed should make sure to revoke all prior wills and codicils in order to make it clear that the new will should replace the provisions of the old in their entirety. This avoids the potential for any conflict between the two documents, or between the prior document's addenda and the new will.
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