A client came to my office a few years ago with his will, a document we had prepared for him a decade earlier. He had taken a pen and neatly crossed out the name of his brother, who was to serve as his executor, and written his adult daughter’s name in the margin. “She’s much more responsible now,” he explained. “Is this all set?”
I had to tell him that not only was his change invalid, but his handwritten notes could create a serious problem for his family in Surrogate’s Court. By attempting a simple fix, he risked making the entire document—or at least key parts of it—vulnerable to a challenge. A will is not a document you can mark up as your life evolves. It is a formal declaration, and changing it requires the same legal precision as creating it.
Stewardship of your legacy demands intentionality. When your circumstances change, your will must change with them—formally and correctly.
Why You Cannot Just Cross Things Out
The impulse to grab a pen and “correct” a will is understandable. It seems like common sense. But the law is built on procedure designed to prevent fraud, duress, and ambiguity. When a judge in a Manhattan courtroom looks at a will, they must be certain it reflects the testator’s final, clear intentions. Handwritten notes, crossed-out paragraphs, and additions in the margins create doubt. Did the person making the will do this? When? Were they of sound mind? Was someone pressuring them?
These are not theoretical questions. An improperly amended will can be contested, leading to costly litigation that drains the estate and pits family members against one another. The very people you intended to protect are left with a legal battle. In some cases, the court may disregard the changes. In worse scenarios, it might invalidate the entire will, meaning your assets would be distributed according to New York’s intestacy laws—a result that almost certainly does not align with your wishes.
Any change to your will must be made with the same formalities as the original signing. Anything less is not an update—it is a risk.
The Two Proper Methods for Amending a Will
When a client’s life has changed—a marriage, a new child, the sale of a business, or a falling-out with a chosen fiduciary—we consider two paths forward. The choice depends entirely on the significance of the change.
1. Executing a Codicil
A codicil is a separate legal document that modifies, amends, or adds to an existing will. It is not a replacement but an addendum. We typically use a codicil for minor, isolated changes. For example, if your sole purpose is to change your nominated executor from a sibling to a child, a codicil can be an efficient way to do so. Another common use is to add a small, specific cash bequest or gift a piece of art to a friend without altering the main distribution of your estate.
Crucially, a codicil must be executed with the exact same legal formalities as a will. It must be in writing, signed by you, and witnessed by two people who also sign it. The codicil is then stored with the original will. While it can be effective, I find that codicils can sometimes complicate estate administration. You now have two documents to interpret instead of one, which can create confusion.
2. Drafting a New Will
For any substantial change, I almost always recommend executing an entirely new will. This is the cleanest, clearest, and safest approach. “Substantial” changes include:
- Changing your primary beneficiaries.
- Adding or removing a spouse or child.
- Fundamentally restructuring how your assets are divided.
- Updating your plan after a significant financial event, like an inheritance or the sale of a major asset.
A new will provides absolute clarity. It will contain a standard legal clause explicitly stating that it “revokes all prior wills and codicils.” This single sentence eliminates any ambiguity. When your executor presents this document to the court, there is no question about which instrument governs your estate. It avoids the potential for a lost codicil or a confusing interpretation of how the two documents interact. Creating a new will ensures your legacy is guided by one single, authoritative source.
New York Law Is Exacting
The requirements for changing a will are not suggestions. They are mandated by law. New York’s Estates, Powers and Trusts Law (EPTL) § 3-4.1 states that any revocation or alteration of a will must be executed with the same formalities required for the execution and attestation of a will.
This statute is the legal foundation for why you cannot simply write on your will. The law is designed to protect your intent. It erects a high barrier to ensure that any change is deliberate, witnessed, and unambiguous. This procedural rigor is what gives your will its power and allows your family to avoid the painful and expensive process of a will contest down the road.
Being a prudent steward of what you’ve built means respecting these legal formalities. The process is not an obstacle; it is a shield, protecting your wishes from challenge and ensuring your final directions are carried out exactly as you planned.
Your life is not static, and your estate plan should not be either. A will is a snapshot of your wishes at a particular moment. As your family, your finances, and your relationships evolve, your plan must be revisited. This is not a failure of the original plan—it is the hallmark of responsible and ongoing stewardship.
If more than three years have passed since you signed your will, or if you have experienced a major life event, the prudent next step is not to pull out a pen. Instead, locate your current will and any related trust documents. Then, make a simple list of what has changed in your life since you signed them. That list is the starting point for a productive conversation about whether an update is warranted.
