When to Update Your Will in Berrien County, MI

Your will, often called your “Last Will and Testament,” outlines how you want your assets distributed upon death. However, circumstances can change in big and small ways. As a result, you may need to periodically update your will to accurately reflect your wishes and adapt to changes in your life. Our Michigan will lawyers are here to help you update your will.

Situations Where You Might Need to Change Your Will

Marriage or Divorce

Changes in your marital status can significantly impact your estate plan. Whether you’re getting married or divorced, updating your will to include or exclude new relationships and responsibilities is essential.

Birth or Adoption of Children

Welcoming a new family member requires an update to your estate plan. Make sure your children, whether biological or adopted, are included in your will and provided for according to your wishes. 

Significant Financial Changes

Acquiring new assets or experiencing significant financial changes can affect how your estate should be distributed. Adjusting your will allows you to allocate your assets appropriately.

Beneficiary Changes

If your relationships with beneficiaries change or a beneficiary has passed away, your will should be updated to reflect these changes. Keeping your beneficiary designations current helps avoid potential disputes.

Changes in Law

Michigan’s legal landscape can shift, impacting the validity or effectiveness of your estate plan. Regular reviews safeguard your will so it’s compliant with current laws and remains enforceable.

Serving Southwest Michigan, Legacy Counsel offers comprehensive and meticulous will drafting and updating services, ensuring that every aspect reflects your unique needs, family dynamics, and business interests.

Call 269-386-5782 for a Consultation.

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How to Change Your Will in Michigan?

Changing your will involves a few crucial steps to confirm that your updated wishes are legally recognized.

1. Review Your Current Will

The first step to changing your will is to carefully review your existing will to understand its contents and identify what needs to be updated. Identify areas that need updating and consider consulting with an estate planning attorney to address any questions or concerns you may have.

2. Draft a New Will or Add a Codicil

There are two primary options for updating your will:

  • Write a New Will: Creating a new will may be the best choice if substantial changes are needed. This will entirely replace your old will and ensure all updates are included.
  • Add a Codicil: A codicil is a legal document that amends an existing will. This can be a more straightforward option if only minor changes are needed to the existing will. However, the codicil must be executed with the same legal formalities as the original will.

3. Sign &Witness the Changes

For the changes you made to your will to be legally valid, they must be signed and witnessed according to Michigan laws. Double-check that all required signatures and witnesses are properly completed to avoid issues with the will’s validity.

4. Safely Store Your Updated Will

Once your will is updated, store it securely to prevent loss or elemental damage. Inform your executor or trusted family members where it can be found. This will protect your wishes and reduce the risk of disputes or confusion.

5. Notify the Relevant Parties

Once your will has been updated and validated, inform your executor (more commonly called “Personal Representative” in Michigan) and family members of the changes made. Keeping everyone informed helps prevent misunderstandings and keep everyone aware of your intentions.

FAQs About Updating a Will in Michigan

How often should I review my will?

It’s recommended to review your will every three to five years or after major life events such as marriage, divorce, the birth of a child, or significant financial changes.

What happens if I don’t update my will after major life changes?

Failing to update your will can lead to unintended consequences, such as excluding new family members, not accounting for significant assets, or extended probate delays.

Do I need witnesses to update my will in Michigan?

Yes, Michigan law requires that any changes to a will be signed and witnessed by at least two individuals who are not beneficiaries to ensure the updates are legally valid.

Can I change my will if I am out of state?

Yes, you can change your will while out of state, but it is crucial to ensure that the modifications comply with Michigan law if you reside in Michigan or have Michigan assets.

Legacy Counsel Ensures Your Will is Current & Clear

Based in St. Joseph, Legacy Counsel PLC is a boutique estate planning law firm serving Southwest MI, including Berrien County, Cass County, Van Buren County, and more.

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Call 269-386-5782.