Legal Question in Wills and Trusts in Illinois
Writing a new will
My dad is taking his ex-wife off his will & writing a new one; it seems like it would be easiest to use a fill-in-the-blank online version since I am an only child and everything is going to me. My question is, what does he do with the old will? Can he just rip it up and throw it away, or does it need to be legally voided somehow? I saw forms to make an amendment to a will, does he need to do that instead of just making a new one?
1 Answer from Attorneys
Re: Writing a new will
Once the new Will has been executed, a person can and should destroy the old one so there is no confusion over which copy is correct.
A word of caution in using fill-in-the-blank forms: only a lawyer can advise as to whether there are issues that should be considered that may not be present in the forms. Many a contested estate arises out of the use of do it yourself forms.
Consult a lawyer in your area - it will be well worth the price in the longrun.
Good luck to you.
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