Full question:
I currently have a will on file in Nebraska. The Attorney who made the will is no longer in practice and I would like to make a change to the will. Do I need to have a new one made or may I type up the change I want, have it notarized and register the change? Will this hold up in a probate court? Please let me know if you have a form that I can purchase to make this change.
- Category: Living Wills
- Date:
- State: Nebraska
Answer:
A codicil is a written supplement to a person's will, which must be dated, signed and witnessed under the same legal rules applicable to the making of the original rule, and must make some reference to the will it amends. A codicil can add to, subtract from, revoke or modify the terms of the original will. When the person dies, both the original will and the codicil are subject to the probate process and form the basis for administration of the estate and distribution of the assets of the deceased.
A codicil is used to avoid rewriting the entire will. A codicil should reference each section number of the will and the specific language that will be affected. It is important that a codicil is as clear and precise as possible to avoid undue complications.
A sample form can be found at the following web page:
http://www.uslegalforms.com/ne/NE-WIL-01485.htm
Rather than to trying to amend your present will, it is generally less confusing to just execute a new will with the changes.
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.
