Can you change your Will?
Can You Change Your Will? What Michigan Families Should Know
Life rarely stands still. Since the day you signed your original estate plan, your world has likely changed: perhaps you’ve welcomed a new grandchild into the family, moved into a new home in Rochester or Bloomfield Hills, or realized that the person you originally chose as your executor has moved out of state.
At Rutkowski Law Firm, we believe your estate plan should be a "living" document that evolves with you. But in Michigan, how you make those changes is just as important as the changes themselves.
The Golden Rule: Put Down the Pen
Before we look at how to update your plan, there is one critical "Golden Rule" every Michigan family must know: Never cross things out, white-out sections, or write in the margins of your existing Will.
Under Michigan law, these "pen-and-ink" changes are a recipe for a technical disaster. If a judge sees a Will with handwritten notes or scratched-out names, they may find the entire document invalid. This leaves your family at the mercy of the state’s default inheritance laws, often resulting in the exact opposite of what you intended.
Two Ways to Update Your Plan in Michigan
If your life has changed, there are two primary, legally sound ways to ensure your Will still protects what matters most:
- A Codicil (The Legal "P.S."):
A Codicil is a formal legal amendment to your existing Will. It allows you to change specific parts—such as naming a new guardian for a child or adding a gift—while keeping the rest of the document intact.
The Catch: In Michigan, a Codicil must be signed and witnessed with the exact same strict formalities as your original Will. If it isn't executed perfectly, the court will ignore it. - Revocation and a New Will (The "Fortified" Approach):
If you have more than 2 small changes, we typically recommend creating a new Will. This "Fortified" document explicitly revokes all prior versions, ensuring there is no confusion in probate court about which document is the "real" one. It provides a clean, clear set of instructions that replaces the old "Empty Binder" on your shelf.
When Was the Last Time You Checked Your Shield?
An outdated Will is often just as dangerous as having no Will at all. We recommend reviewing your plan every 3 to 5 years, or whenever a major life event occurs.
At Rutkowski Law Firm, we make this process easy and stress-free. Whether you prefer to meet at one of our Michigan offices or utilize our virtual-first process from your living room, we are here to help you regain that sense of calm clarity.
Plan Today. Peace of Mind Tomorrow.
Is your current Will still a reflection of your family’s reality? Don't wait for a crisis to find out your plan is out of date.