Legal Question in Wills and Trusts in Montana
Amending a will
To amend an existing will, can I use a form (amendment kit), and will I have to have a lawyer present or can it be witnessed by a social worker and a friend, and will it over ride the will with this amendment?
1 Answer from Attorneys
Re: Amending a will
You can use whatever you want to amend a will, as long as it is properly executed and witnessed by the required number of witnesses, who attest in writing that you executed the amendment, appeared to be competent and not under any undue influence or duress. The will and the amendment will be read together and in any conflict, the amendment, the later expression of your intent will control.
Not that being said, relying on a will will not protect you or your family in case of disability, a likely prospect for at least some period of time before your death. You need more and probably should have a living trust and a pour over will, with a durable power of attorney and an healthcare power of attorney. You can do all of this yourself too. "Create Your Legacy & Save the American Middle Class" tells you how and why in plain English. You can get the book (about 100 pages) at www.yourlivinglegacy.info.