Legal Question in Wills and Trusts in Minnesota

I have a will that I want to make some minor adjustments to. Can I do this myself and just retype with adjustments and get it notorized or do I need to pay for an attorney to do this?


Asked on 10/23/09, 4:36 pm

1 Answer from Attorneys

Chris Sullivan Sullivan Law Office, PLLC

Your question isn't clear as to what adjustment you are wanting to make. It sounds as if you are seeking to replace existing language/provisions with your minor adjustments. Assuming that all other requirements of a valid will are met, you can draft a codicil. A codicil is essentially a document that allows you to add to, subtract from, alter, explain, restrain, etc. existing provisions in an will.

In Minnesota, the law defines "Will" as including codicils. Minn. Stat. � 524.1-201, subd. 56 (2009). Therefore, in order for the codicil to be effective it must meet the same requirements of a will. One of these requirements is that it be signed by at least two individuals, each of whom signed within a reasonable time after witnessing the signing, in addition to other formalities. (review Minn. Stat. � 524 regarding other requirements for your situation).

But, I think the more important question you need to ask is; are the changes you are contemplating going to have unintended consequences? The answer to that, I believe, will require you to consult with an attorney who can review your will and your circumstances to ensure your changes are made correctly.

Feel free to contact me below to see if I can be of assistance.

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Answered on 10/29/09, 1:36 pm


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