Legal Question in Wills and Trusts in Washington
Which Form To Use?
I already have a will, but I want to change whom will be the guardian to my son. Do I make a new will, or do I use an admendment/codicile?
2 Answers from Attorneys
Re: Which Form To Use?
Either will work. The Codicil must pass the same execution requirements as the will -- witnessed by two individuals, and notarized (to make a self-proving will). I, personally, am not a fan of codicils in this day and age of word processing. Codicils can be lost and leave a messy trail when reviewing the wills and codicil(s) at death so I personally recommend just doing a new will. But others may disagree.
Re: Which Form To Use?
I agree with Mr. Busch that it is awfully simple to just create a new will and nominate a new guardian.
If you don't have a durable power of attorney and a health care directive, the rules regarding those documents have changed and it is now important to have them, as well.
Hope this helps. Elizabeth Powell