By Grace Gelone
Estate planning documents are designed to reflect your wishes and provide clear instructions for the people you trust to carry them out. But life changes—and your estate plan may need to change with it.
A new marriage or divorce, the birth of a child or grandchild, a change in your assets, the death of a beneficiary or fiduciary, or simply a change in your priorities can all be good reasons to revisit your estate plan.
What may seem like a simple change, however, should not necessarily be made with a pen in the margin.
Handwriting a new name, crossing out a provision, changing a percentage, or adding instructions directly to an existing will, trust, power of attorney, or other estate planning document can create significant problems. Instead of clarifying your wishes, an informal alteration may create uncertainty about what you intended—or whether the change is legally effective at all.
Why Handwritten Changes Can Cause Problems
Estate planning documents are subject to specific legal requirements. Depending on the document and applicable state law, changes may need to be prepared and executed with particular formalities, such as signatures, witnesses, or notarization.
A handwritten alteration made after a document has been properly executed may not satisfy those requirements. Even worse, the alteration can potentially create questions about the validity or meaning of the original document.
For example, imagine that someone crosses out one beneficiary's name in a will and writes another name above it. Questions can quickly arise: When was the change made? Did the person making the change intend for it to be legally binding? Were the necessary formalities followed? Does the change affect only that provision, or does it create a conflict with another part of the estate plan? It may even be a question of whether the handwritten change was actually made by the testator themselves.
Questions like these often arise at exactly the wrong time—after the person who created the estate plan is no longer available to explain what they intended, and create challenges and roadblocks for your loved ones after your passing.
Small Changes Can Have Unexpected Consequences
Estate plans are typically made up of documents and financial arrangements that work together. Changing one provision may have consequences elsewhere in the plan.
A change to a will, for example, may need to be considered alongside a trust, beneficiary designations, jointly owned property, powers of attorney, health care documents, or other planning arrangements. A seemingly minor revision could also have tax, administrative, or family implications that are not immediately apparent.
That is one reason working with an estate planning attorney is important. The goal is not simply to change a sentence or a name on a page. It is to make sure the change accomplishes what you intend while preserving the effectiveness and consistency of the overall plan.
When Should You Review Your Estate Plan?
You do not have to wait for a major life event to review your estate planning documents. Periodic reviews can help ensure your plan continues to reflect your circumstances, relationships, assets, and wishes.
It may be particularly important to schedule a review following events such as:
Marriage, divorce, or remarriage
The birth or adoption of a child or grandchild
The death or incapacity of a beneficiary, executor, trustee, agent, or other person named in your documents
A significant change in your assets or financial circumstances
The purchase or sale of a business or significant property
A move to another state
Changes in tax or estate planning laws
A change in whom you want to inherit your property or manage your affairs
Even if nothing significant has changed, an attorney can review your existing documents and determine whether updates are advisable.
Make the Change the Right Way
Your estate plan is intended to provide clarity when you and your family may need it most. Informal handwritten edits can undermine that goal by introducing uncertainty, disputes, or questions about whether your wishes can legally be carried out.
If you look at your estate planning documents and see something you would like to change, resist the temptation to simply cross it out or write in a replacement.
Instead, speak with an estate planning attorney. Depending on the circumstances, the appropriate solution might be an amendment, a codicil, a restatement, or a new document. An attorney can help determine the appropriate method and make sure the updated documents are properly prepared and executed.
Your wishes may change over time. Your estate plan should change with them—but those changes should be made carefully, and in consultation with an estate planning attorney to ensure that your intentions are achieved by the changes you wish to make.
Is It Time to Update Your Estate Plan?
If your life, family, finances, or wishes have changed, your estate planning documents may need to change as well. Rather than making handwritten edits that could create uncertainty or unintended consequences, make sure any updates are handled properly.
The experienced estate planning attorneys at Hamburg, Rubin, Mullin, Maxwell & Lupin can review your existing estate plan, discuss the changes you would like to make, and help ensure your documents continue to reflect your wishes and accomplish your goals.