Legal Question in Wills and Trusts in Oregon
I want to change the beneficiary from my brother to my stepchildren in my will. I've been told that I can do it myself by producing a handwritten note to indicate it is an addendum to the will, and then having it notarized. Is that correct? Joan, Bandon, OR
1 Answer from Attorneys
NO!!! In order to make a change to your will and have it be upheld by a probate court, you will need to do a "codicil" to the will. That codicil must meet the same requirements as a will in that it must be signed by you and witnessed by 2 witnesses. If you have had a life change as significant as acquiring step-children, you would probably be better served by meeting with an attorney to consider a new will. There may be other portions of your will that might need to be changed as well, such as identifying the proper person(s) to be the executor.
We always recommend that our clients review their estate planning with us following significant life changes like marriage, death of a spouse, birth of a child or a significant change in their financial situation (like the sale of a business or the receipt of a large inheritance).