When does a last will and testament take effect?
A last will and testament takes effect upon the death of the person who wrote the will.
Can a last will and testament be changed?
Yes, this can be done through what is known as a “codicil.” A codicil is an addition to your will. For it to be valid, you must follow the same formalities as with a will. Make sure that you keep your last will and testament and the codicil together. If you are going to make extensive changes, a new last will and testament is a better option than a codicil.
In theory you can also change your last will and testament by crossing out a provision or inserting a new one. However, doing this can be very problematic legally, and is not recommended.
Can a last will and testament be revoked?
Yes. In fact, one of the first clauses of a new will is a clause revoking all former wills and codicils. You can also create a document that also simply revokes any previous wills and codicils – remember, as will a codicil, for it to be valid, the same formalities required in a will must be followed.
You can also revoke your will by physically destroying it – make sure that it is completely destroyed. This is one reason why you want your will to be kept somewhere safe – if it is destroyed then it may well be revoked.
If a last will and testament is revoked, and a new one is not created, then it is as if you died intestate (without a will), and the laws of your state are followed in distributing your assets.
Does a last will and testament expire?
No, a last will and testament never expires.
How does a divorce effect a last will and testament?
However, note that a divorce does have an effect on your will. In some states, a divorce decree revokes your entire will, while in others, it simply invalidates provision relating to your former spouse. In either case, you will want to create a new last will and testament when you divorce.
