Anderson, SC asked in Estate Planning and Probate for South Carolina

Q: Can you do your own adden to a will? The attorneys we have contacted want to rewrite will even the one who did original

We want to add right of survivorship for each spouse when the original says house to be sold within a year and 1/2 to my child and 1/2 to spouses children. We both put into the house the same amounts (1/2 and 1/2). We both are in agreement for this addendum.

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1 Lawyer Answer
Kenneth V Zichi
Kenneth V Zichi
  • Estate Planning Lawyer
  • Howell, MI

A: The advice to rewrite the will is sound. You may not want to hear it but codicils ('addendum') to a will are invitations to challenge a will in many cases, and are just bad form these days. ALSO this may have no effect depending on how the property is titled.

PLEASE talk to a local attorney (the one who did the original will is likely a good prospect if he's still working!) who can explain the WHOLE situation to you and don't get stuck on one 'form' of document.

And lastly, frankly, it costs no more to do a full new will than it does to do a codicil. You still need the same formality of witnessing and it takes as much work to create a compatible codicil as it does to create a completely new will, so you're not going to be saving any money with a codicil either.

-- This answer is offered for informational purposes only and does not constitute legal advice or create an attorney/client relationship.

I am licensed to practice in Michigan only. Please seek competent local legal help if you feel you need legal advice

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