You can amend you existing Last Will and Testament by executing a codicil. A codicil is a document that you draft that amends certain sections of the Will, instead of drafting a whole new will. A codicil can be any length, like it can be 4 pages, 2 paragraphs, a few sentences or a couple of words. To reduce the possibility of a misinterpretation of the codicil you should be try to make simple changes and not complicated ones, in the case that you want to make a number of changes and some of them are complicated you are better off revoking the current will and drafting a new one. A lot of times it is just as easy to create a new will as it is to modify an existing will.
Drafting a Codicil
When adding a codicil, you must keep three things in mind:
(1) Specify the portions of the Will that are being changed and the changes you wish to make.
(2) State that the changes are effective on the date that the codicil is signed.
(3) State whether any original provisions of the original Will is affected by the codicil.
Two Requirements for a valid codicil:
(1) You must sign your codicil in front of two witnesses. There is no requirement that the codicil be notarized in North Carolina.
(2) Your two witnesses must sign your codicil. The witnesses do not need to read the codicil.
If you want to speak to an estate planning attorney regarding amending a will, contact Adkins Law. We have locations in Lake Norman and Charlotte for your convenience.
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