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August 11, 2021

Estate Planning 101 – Common Mistakes and Misconceptions (Part 2)

We previously wrote about misconceptions in establishing an Estate Plan, but what if you want to change your Will after you sign? If you get the urge to change the terms yourself, fight it; those notes in the margins and ‘fill in the blank’ forms may not have the impact you expect.

Myth # 1: It is safe to make handwritten edits to your Will.

By crossing out and writing over a provision in your original Will, you could unintentionally revoke a provision without effectively replacing it.

If you would like to modify your Will, the proper way to do so is with a codicil. A codicil is a legal document, added to your Will, in which you can make valid changes as needed. A codicil must be signed with the same legal formalities as a Will.

You may not want your beneficiaries to have to refer to multiple documents, or to know what your Will used to say. You always have the option of fully replacing your Will with a new, updated one.

Myth # 2: Printing forms and filling in the blanks will be a sufficient, legal Will.

By simply printing a form Will and filling in the blanks, you risk creating what is called a holographic Will. While holographic Wills are recognized in some states, they are not recognized in New Hampshire.

It is also important to remember that handwritten changes and form Wills are more likely to be challenged. If your beneficiaries do challenge your Will, the cost of defending it may diminish the funds in your estate and prolong the time in probate court before assets are distributed to you beneficiaries.

The attorneys at Wescott Law have the knowledge and experience to help with your Estate Planning needs. Call us today to ensure that your wishes are honored.

August 11, 2021