Law Offices of Kenneth U. Reyes, APC Serving Los Angeles
Will Amendments
Will Amendment Attorney in Los Angeles
Update an Existing Will As Your Circumstances Change
A will amendment should clearly identify which instructions are being revised and which remain in effect. At Law Offices of Kenneth U. Reyes, APC, we help clients in Los Angeles create wills and review them periodically as relationships, property, and personal circumstances evolve. An amendment can change selected instructions without replacing every provision, but the scope of the revisions determines whether that approach is appropriate.
Marriage, divorce, or the birth of a child can affect beneficiary and executor decisions. New property or the loss of a loved one may also require updates to a will or related estate-planning documents. Without a review, beneficiary designations, executor appointments, and property-distribution instructions may no longer reflect current circumstances.
A codicil is a legal amendment that modifies an existing will. It identifies the original document and specifies the provisions being changed. Section 88 defines a will to include a codicil, so an informal note attached to an estate plan isn’t automatically an effective amendment.
The extent of the requested changes helps determine the appropriate document:
Targeted revisions: A codicil can update beneficiaries, appoint a new executor, or modify specific bequests while leaving the remaining provisions in place.
Numerous revisions: A new will is generally preferable when many instructions need to change or several existing provisions are connected.
Complete rewriting: A will restatement, meaning a rewritten version of the full document, may provide a clearer record when the intended plan has changed substantially.
Our will amendment lawyer in Los Angeles reviews the existing document, proposed revisions, and related estate-planning instructions to identify potential inconsistencies. We then determine which format most clearly records the client’s current decisions.
California Requirements for Signing a Codicil
Sections 88 and 6110 of the California Probate Code generally require a codicil to meet the legal requirements that apply to the original will. The testator, meaning the person making or amending the will, must be at least 18 years old and of sound mind. This requirement concerns testamentary capacity: the legal ability to understand and make testamentary decisions.
Key execution rules include:
Witnessed codicil: Under Section 6110, the document must be in writing and signed by the testator. Another person may sign in the testator’s presence and at the testator’s direction.
Two witnesses: Both witnesses must be present at the same time, observe the signing or acknowledgment, and understand that they’re witnessing a will.
Holographic codicil: Under Section 6111, the signature and material provisions must be in the testator’s handwriting. Witnesses aren’t required for this type of document.
These statutes describe general legal requirements, but compliance depends on the document and the circumstances of execution. Attorney review can address the intended changes and the formalities that apply to the chosen method.
Keeping the Amendment Consistent with the Original Will
A valid codicil changes the identified provisions while the remaining terms of the original will continue to apply. The documents should be kept together so the complete set of testamentary instructions can be located and read as a whole. Conflicting language or unclear references may create disputes about which instructions represent the decedent’s intent.
In California Probate Court, a challenge based on alleged lack of capacity or undue influence is known as a codicil contest. Undue influence generally refers to improper pressure that overcomes a person’s independent decision-making. Careful drafting, review, and execution can document the requested revisions in a legally recognized format, although no drafting process can prevent every future challenge.
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We use a defined process to assess the existing will, the client’s current instructions, and the documents needed to record those decisions clearly.
Our process includes:
Initial consultation: We discuss the existing plan and the circumstances prompting the review.
Asset evaluation: We examine the assets relevant to the client’s will instructions.
Document preparation: We draft the will document and review it with the client before finalization.
Execution formalities: We complete required legal formalities, including witnesses and notary services when required.
One attorney remains assigned to the client’s file from drafting through signing, providing a consistent point of contact during document review, preparation, and execution.
Clarify Your Current Estate-Planning Instructions
We serve clients in Los Angeles who want to update an existing will or determine whether preparing a new one would provide clearer instructions. Our review focuses on preparing and executing each client’s current testamentary instructions according to the applicable requirements.
If a will later becomes part of a probate matter, proceedings involving wills in Los Angeles County are handled by the Los Angeles County Superior Court Probate Division.
Consultations about estate-planning needs and proposed changes may be requested through our contact form.
Call (213) 798-4854 to speak with us about reviewing and updating your will.
