can you legally modify a will?

Question

when one of the people writting that will has been diagnosed with progressive alshimers

Answer 1

May be this can help you -

http://www.usalegalcare.com/wills.htm

Good luck

Answer 2

if you mean rewriting the terms of the will with a pen....no to do so would be fraud. If you are in the UK an application can be made to the Court of Protection to appoint a receiver which can be yourself to look after the person's affairs. At the same time an application for a statutory will could be made which would revoke the previous will that was made.

One other thing... In the UK if a person is suffering from Alzheimer's this does not automatically mean he or she is unable to write a new will. There have been cases where people with the early to mild stages of Alzheimer's have made will which have been upheld by the courts... Ewing v Bennett and Hoff v Atherton . If a psychiatrist or even a GP deems the testator to have testamentary capacity it is possible for a valid will to be made although it could be subject to a challenge from the beneficiaries of the previous will

barrie b a solicitor cannot never change the terms of a will without a codicil being signed by the original testator who must have capacity

Answer 3

A second will does not necessarily cancel the first will made. If a person is found not to be of sound mind than the second will is not valid. Only the person who made out the will can change it. It is also an offence to make someone change there will in favor of someone if the person is not of sound mind. It is a very thin line to walk and it is best left alone. There is obviousely a reason for this question. If a person has made a will and was of sound mind when they made it, And then changes the will but is not of sound mind then a second will does not in law cancel out the first and there could be quite a legal battle over it. Not a path to go down I would have though.
Dr Knowitall.

Answer 4

You indicated that you have a 'Joint Will' by your statement following the question.

Once a person is no longer of sane or competent mind to decide disposition of his or her property, the Will made while that person was of sane/competent mind cannot be changed.

As for the second party to the Will, in some States, it might be possible to have a codicil prepared for that party's portion of assets considered for disposition.

Or you might want to ask your attorney if it might be better for you to disengage yourself from the original Will, by Codicil, and make a separate Will.

Such decisions are best made by an Attorney familiar with the Probate Laws of your State. While all Attorneys know a little about such things, an Attorney familiar with Probate and the disposition of Estates could readily give you an answer and proper way to proceed.

Answer 5

You can't do it for them until and unless they grant you "power of attorney." And even then they have to agree.
A will can be modified at any time by the person whose estate it deals with. It's just a matter of making the changes and then having the new copy notarized. Best to have it recorded in the Probate Court, as well.
But even mentally disabled people have control of their estates until that control is either ceded by them or stripped from them by the court (which the courts are VERY reluctant to do).
Hope that helps.

Answer 6

You need to take legal advice. You can't just change the will yourself - any amendments would need to be agreed with the trustees and the settlor (person who made the will). Clearly, the settlor has been diagnosed with progressive alzheimers disease but is he/she still mentally able to make decisions. If so, you can discuss any changes with them. If not, has this person nominated a power of attorney to act on their behalf when they can no longer make decisions?

Answer 7

This is for JJ. If those of us who have practice and experience don't give useful answers, then the answers received won't be worth what they otherwise could be. I have no problems answering what I can without asking for a retainer fee first.
As for this question, many good answers have already been given. Only the testator can create a codicil to his own will and that only if he is still in a right frame of mind. In order for a will to be good, the testator must be of sound mind. In order to create a codicil, he must still be of sound mind. Otherwise, the process must go to probate court for the appointing of a conservator.

Answer 8

It can be done, smart legal advice says that a will written by more than ONE person is a horrible idea, and is really hard to defend in court actions. It gets down to a 'he said-she said' thing. To be certain that your desired changes will be upheld, you need to get full power of attorney, this is pretty much automatic when the person is declared mentally incompetent.

Answer 9

Once you have written your Will, ONLY YOU can modify it because it has to be resigned and witnessed. The first one will no longer be binding. If you develop Alzheimer's or some other disease of that nature, no attorney in his right mind will let you sign a new Will.

Answer 10

The modification would have to come from the person who was the originator of the will.

Its called a codicil and the same attestation requirements are usually necessary as the original will.

Answer 11

A will is usually only written by one person. If that person is not mentaly capable, you'll end up having to go to court to get permission to make changes; or have someone appointed with his Power of Atty to add or change.

Joint/mutual wills vary by state: Some info here:
http://www.willsforamerica.com/JointandMutualWills.htm