If I write a new will do I need to do a codicil?

Asked over 1 year ago - Henderson, NV

I wrote a will in California but cannot locate it. I now live in Nevada and want to amend my will so that my estranged husband no longer gets everything. Is it best for me to do a codicil or should I do a new will? If I do a new will, will that automatically revoke the prior will?

Attorney answers (5)

  1. Koren N. Boyd

    Contributor Level 9

    7

    Lawyers agree

    Answered . If you no longer have your old will, you should create a new one. A will that no one can find is often worse than no will at all. Creating a new will does revoke a prior one, but it is best to expressly revoke the prior will in the new one to avoid any confusion about your intent.

  2. Laura A. Deeter

    Contributor Level 8

    5

    Lawyers agree

    Answered . I agree with my colleagues that it is best to do a new Will, however, if you are still married, you can only give away your separate property interests and 1/2 community property interest in a Will. You cannot entirely disinherit your husband under Nevada law, as he will always have his 1/2 interest in any community property the two of you have. You may want to consider divorce or a legal separation if you want to truly disinherit him. Either way, you will want to do a new Will even before filing for divorce or legal separation to ensure that you dispose of as much of your community property as you can. Please feel free to schedule a consultation with my office if you have further questions.

  3. Michael Rasmussen Cahill

    Contributor Level 6

    4

    Lawyers agree

    Answered . I agree with Ms. Boyd and I'd also add that in this circumstance, with more than most on the line due to your situation, I would recommend having an attorney assist you with the drafting and signing of the will rather than attempting it on your own.

  4. Thomas D. Boley

    Contributor Level 14

    4

    Lawyers agree

    Answered . It is always best to put language in the new will that revokes all prior wills and codicils.

  5. Charles Adam Shultz

    Contributor Level 19

    2

    Lawyers agree

    Answered . In the new will you should make clear that the new will is your last will and that you revoke all prior wills and codicils. A codicil is essentially an "amendment". Under your circumstances a new Will would be better.

    The general advice above does not constitute an attorney-client relationship: you haven't hired me or my firm or... more

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