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21 answers

rewrite your will. the other will is effective until it is replaced with a later one.

2006-12-23 11:23:57 · answer #1 · answered by hharry_m_uk 4 · 0 0

You need a NEW will.

Your last testament (your will) is valid until you negate it by writing a new will, and that will hold up in ANY court.

It is easy to make a new will, if you don't make it complicated. The best way to do this would be to will all your assets to your spouse and name them as executor of your estate. Then include an amendment where you state your desires for how you would LIKE to have your estate divided. Make this amendment a SUGGESTION, and state that in the document. State that you are putting ALL of your estate in the hands of your spouse with confidence they will follow your suggestion.

To make the will “ironclad” be short and simple.
“I, your name, being of sound state and body want my entire estate and all powers to control that estate into the control of my spouse, their name.

I have some suggestions on how I would like to see my assets distributed, but I have full faith that my spouse will judge best on how to handle my estate.”

Then list your desires.

Write this document, have both you and your spouse sign it, and get it notarized. Have that document copied several times and file one with the county clerk. Then put one copy in a safe place, give another copy to your lawyer or a friend that you can trust, and have a copy in the house where you spouse can easily get it. Then if you need to inform your former spouse about a change in your will then you can send her a copy of your new will. As long as the will is signed, notarized, filed with the country clerk and made public with your family then it should hold up in court.

Wills get contested when they are complicated, when they aren’t dated, when they are not official (filed with the county clerk), or when they try to assign how their estate is to be handled (controlling your estate from the grave). This allows loopholes to be found by lawyers and that can tie things up for years. If you give it all to one person and tell them to handle all of it then the will is much harder to contest. This also means you don’t have to hire expensive lawyers.

2006-12-23 11:43:16 · answer #2 · answered by Dan S 7 · 0 0

Yes you would have to make a new will, if you want changes made to the last one. A will does not become void ... you would have to change it! If anything had to happen to you now, the will you have is legal and binding and that would stand as your last word and testament!

2006-12-23 18:31:04 · answer #3 · answered by lynne 3 · 0 0

No its not void, you need to make a new one with any changes...

2006-12-23 11:23:59 · answer #4 · answered by troble # one? 7 · 0 0

The previous will remains in force until destroyed or superseded by a new will.

The one thing worse than having no will at all is having a will that is out of date and doesn't reflect your current wishes. You'll be dead, so it's not your problem...but it may be your spouse's.

2006-12-23 11:24:15 · answer #5 · answered by Anonymous · 1 0

I would think if you have a will ,and you remarry unless you want the person or persons named on the original will to receive everything you might want to amend your will to whom you might want now. I don't think it would be void unless you change it.

2006-12-23 11:27:48 · answer #6 · answered by jjc713 2 · 0 0

The will you have is not void until you draw up a new will. If you want your new wife to inherit your estate, I suggest that you draw up a new will ASAP.

2006-12-23 11:54:46 · answer #7 · answered by SUSAN K 3 · 0 0

That will is a legal document, marriage doesn't change a thing. You have to make out a new will

2006-12-23 12:01:23 · answer #8 · answered by justcurious 2 · 0 0

Yes you have to. Be extra careful about discussing with your lawyer what to do for the children from your previous marriage, if you had any.

2006-12-23 12:47:44 · answer #9 · answered by Lydia 7 · 0 1

Well if you don't want your ex wife to get everything when you die you'd better make out a new will. Your old one is legal and binding until YOU change it.

2006-12-23 20:08:04 · answer #10 · answered by Anonymous · 0 0

I dont know if you need to make a new on but it might be a good idea to "update" it. Check with a Law firm to be certain.

2006-12-23 11:24:10 · answer #11 · answered by nickle 5 · 0 0

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