“I want to make a small change to my will. Can I cross that section out, make my changes, and initial it with a date?” This is one of the most common questions I receive as a Brandon estate planning attorney, and I completely understand the appeal of making quick updates. However, I strongly advise against making handwritten changes to your will, even for seemingly minor modifications.
The Legal Risks Are Real
While crossing out sections and writing in changes might seem convenient, this approach creates significant legal risks. In Florida, handwritten changes to a properly executed will may not be legally recognized, even when initialed and dated. More concerning, these alterations could potentially invalidate your entire will – not just the changed section.
Courts are strict about will formalities because you won’t be present to clarify your intentions when the document is needed. This means informal changes often don’t hold up under legal scrutiny.
Family Disputes and Costly Consequences
Handwritten changes create dangerous ambiguity for your loved ones. Family members might question whether you made changes while of sound mind, under pressure, or whether the handwriting is even yours. This uncertainty frequently leads to disputes among beneficiaries, probate delays, and costly litigation, which is precisely what good estate planning should prevent.
The Right Way to Update Your Will
The safest approach is to execute a formal codicil (an amendment to your will) or create a new will that revokes the previous one. While this requires more effort upfront, it provides the legal certainty your family needs. A properly executed codicil or new will must meet the same formality requirements as your original will, including proper witnessing and notarization.
Consider Your Bigger Picture
Sometimes what appears to be a “small” change can have significant implications for your overall estate plan. I always recommend reviewing your entire plan when making modifications. This ensures all documents work together and your changes align with your broader goals.
A More Flexible Alternative
If you frequently want to make changes, consider a revocable living trust instead of a traditional will. Living trusts offer greater flexibility for modifications while providing benefits like probate avoidance and enhanced privacy.
The bottom line is that your family’s future shouldn’t be left to chance based on informal document modifications. The peace of mind from properly executed estate planning documents far outweighs the convenience of DIY changes.
Ready to make those important updates the right way? Contact our team at the Law Offices of Laurie E. Ohall at (813) 438-8503 to schedule a consultation and ensure your estate planning provides the protection your family deserves.