Legal Question in Wills and Trusts in California

How do I revise my will to exclude children from a previous marriage?


Asked on 12/23/12, 8:48 pm

2 Answers from Attorneys

Charles Perry Law Offices of Charles R. Perry

The process for amending a will is exactly the same as for creating the original will. The technical name for the amendment is a "codicil." You need to identify the parts in the original will that are to be deleted and/or replaced, and then write the new material in the codicil. You will need to have the codicil witnessed in the same fashion as a will.

It may be easier to re-do the will in its entirety. That will help minimize any confusion in reading the will and codicil together.

If you have even a shred of doubt as to this, you should contact an estate-planning lawyer to help you.

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Answered on 12/23/12, 10:34 pm
Michele Cusack Pollak & Cusack

The children from the first marriage so often get the short end of the stick. It is not their fault that your marriage didn't work out, and it is very understandable if they are not thrilled with having a stepparent. Please re-consider. (Of course, this is not legal advise.)

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Answered on 12/24/12, 8:00 am


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