Having a will already gives you a plan for how your property should pass to your loved ones. However, your wishes can change over time. You might want to appoint someone else to handle your estate, include another beneficiary or adjust an inheritance. Starting from scratch might seem unnecessary when you only need to make a small revision.
Here is what you can do when your existing will no longer reflects all your wishes.
A codicil can amend an existing will
A codicil lets you revise selected instructions in your will while leaving the rest of your original plan in place. For example, if you no longer want your sibling to serve as executor, you can use this document to appoint someone else. You can also revise a gift to a particular beneficiary or add someone you previously left out.
Once properly executed, the amendment changes the affected instructions while the remaining provisions continue to apply. This gives you a way to address a limited change without preparing an entirely new will.
Virginia has requirements for a valid amendment
Virginia requires you to follow the same basic signing formalities for a codicil as you would for a written will. Under Virginia Code § 64.2-403, you must sign the amendment or acknowledge your signature before at least two competent witnesses who attend at the same time. Both witnesses must then sign while you remain present.
Simply crossing out a name, writing a replacement instruction in the margin or attaching a handwritten note will not meet these requirements. An informal change could leave your intended instructions open to dispute.
Consider a new will if you are making several changes
Replacing your existing will may be the better choice when your revisions affect several parts of your estate plan. For instance, if you want to change multiple beneficiaries, appoint a new executor and reorganize how you distribute your property, making separate amendments could complicate the instructions.
A fresh will lets you bring all your current decisions into one document rather than requiring your loved ones to consult several amendments alongside the original.
Keep your estate plans aligned with your current wishes
Whether you use a codicil or prepare a new will, make sure your instructions still reflect what you want for your loved ones. An attorney can examine your existing provisions, help prepare the necessary changes and determine which option best fits your circumstances. Taking the time to review your estate plan now can help prevent confusion about your intentions later and give your loved ones more reliable instructions to follow.