made in massachusetts
There are three ways to change a Will. By executing a new Will, physically destroying it, or by drafting a codicil that acts as an amendment to the Will. If you draft a new Will you should destroy any copy of the old instrument to avoid confusion later on. If you choose to draft a codicil you must observe the same formal requirements as if you were drafting a whole new Will. There must be 2 witnesses and a notary and all three should be dissinterested.
I would advice against online or template forms. Most lawyers have very reaosnable rates for a Will and you will have peace of mind knowing it is legal and done right.
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Estate Planning Attorney
Assuming this is your own will, you have the requisite testamentary capacity, and there is no fraud, undue influence or duress involved ... You can either (1) execute an amendment (or a 'codicil') to your existing will to change or update specific provisions, or (2) replace the existing will with an entirely new will. If you choose option (2), take care to destroy all copies of any existing will(s) and include language in the new will establishing the new will as your last will and testament, and revoking all prior wills and codicils.
In either case, whether you choose to update your existing will with a codicil or you choose to create a new will to replace the existing will, the resulting document needs to be executed as required by the laws of Massachusetts. In that case, the document needs to be signed in the presence of two disinterested witnesses who also sign the document attesting to the fact that you are who you say you are, you are of sound mind, you are signing voluntarily and under no constraints or undue influence.
Hope this helps.
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Employment / Labor Attorney
1) Replace it with a new will, and handle destruction of the old will.
2) Write a "codicil," which acts to amend the will, rather than replace it.
3) Destroy the will and rely on intestate distribution.
This is a tricky topic, and you really should get a lawyer.
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