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I want to revise my will.

Homestead, FL |

Can I write up the revision myself and make sure it is legal and where would I find a lawyer or notary in Homestead or Redland willing to notarize it.

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Attorney answers 5

Posted

A revision to a Will would be called a codicil. Be very careful when making any such changes because often one clause of a Will has an effect on other portions. I would recommend that you visit the attorney that drafted your first Will to be sure that all changes have legal effect. Moreover, the codicil would need to be executed (signed) with the exact formalities as a full Will, meaning that you will need two witnesses and a notary (generally). The last thing you want is for your wishes to be misinterpreted or even invalidated due to a technical error in the "process".

As far as locating a notary, there are various online databases that would be able to assist you. Or if you are visiting an attorney, they will generally provide such a service for you.

Best of luck!

marcos@martinezanda.com Office tel: (561)245-4723 Website: www.martinezanda.com. The answer provided does not create an attorney-client relationship, nor is the answer provided intended to be relied upon as legal advice. The information provided by the questioner is insufficient to serve as the basis for meaningful legal analysis. It is the questioner's responsibility to seek legal advice from an attorney who has had the opportunity to familiarize herself with the full details of the questioner's case. By providing these answers, I am not obligated to respond to any subsequent communication from the questioner. If the questioner would like me to serve as their legal counsel and render legal advice, they will have to sign a retainer agreement. The questioner is free to contact my office for a complimentary 30 minute consultation.

Posted

Yes, you can write up the revision (codicil) yourself - but, to "make sure it is legal" will require review by an attorney. As my colleague has pointed out, making changes to a will may have unexpected consequences when the document is in force (after you pass) and then it cannot be corrected. Additionally, there are ways of revising a will and formalities that must be followed to ensure its validity. Seek the advice of a good wills and estates attorney in your area to just review what you want to do and make sure it is done correctly.

Carol Johnson Law Firm, P.A. : (727) 647-6645 : carol@caroljohnsonlaw.com : Wills, Trusts, Real Property, Probate, Special Needs: Information provided here is anecdotal and should not be relied upon or considered legal advice. Every matter is different and answers given here are general in nature and may not reflect current Florida law at the time you are reading this posting. Please contact me if you feel you need additional assistance with your matter.

Posted

I agree with the prior answers, but would also add that depending on the change you are trying to make, it may be best to do a new Will entirely because changes to one clause could effect other parts of the Will and have unintended consequences.

Posted

Amendments to wills - called codicils - are often super simple. Given the importance of this area to your family, and how large an impact even small mistakes can have, its best to ensure that it's done correctly..

I am not your attorney and you are not my client. Free advice here is without recourse and any reliance thereupon is at your sole risk. This is done without compensation as a free public service. I am licensed in Florida and New York only so advice in any other jurisdiction is strictly general advice and should be confirmed with an attorney licensed in that jurisdiction.

Posted

You can write up the proposed revisions to your will, but I would advise you to take them to an attorney who will evaluate what your estate planning needs are. The attorney will then draft a codicil to your will (or a new will, if necessary) that will not only address your concerns, but also ensure that the document has the desired legal effect.