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Wills 101

Does My Existing Will Need To Be Updated?

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To determine whether you have to write a new Will, or amend your existing Will, consider:

  • Are all of the beneficiaries still alive?
  • Have you changed your mind about any beneficiaries?
  • Do you still have assets you specifically left to someone?
  • Has the size of your estate changed substantially?
  • Are the witnesses available or is the Will self effectuating? (A Will is self effectuating if the witnesses signed an affidavit describing the execution of the Will and it is acceptable proof about a Will in the state in which you live.)
  • Is the Will so old that the age may raise questions about your current intent?
  • Did you get married, or divorced?
  • Have there been other changes in your life that may not affect your Will, but should be noted in any event (e.g. now you have a step child but you don't want to leave him/her money)?

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