Can I Change My Will After Signing It?

Signing a will is not signing away your freedom to change your mind. As long as you are alive and of sound mind, your will is fully editable, and in fact keeping it current is one of the most important things you can do for the people you love. Use major life events as prompts for reviewing whether your will needs another update.

Yes, You Can Change Your Will Anytime While You Are Competent

A will has no legal effect until you die, which means that until that moment it belongs entirely to you. You can revise it, replace it, or throw it out completely, provided you still meet the same capacity standard that let you make it in the first place. Under RCW 11.12.010, a person making or changing a will must be at least eighteen and of sound mind. So long as that remains true, no one can lock you into a document you no longer agree with.

There are two clean ways to make a change: you can add a codicil to your existing will, or you can write an entirely new will. Which one makes sense depends on how much you want to change.

A Codicil Is an Amendment, Not a Sticky Note

A codicil is a separate document that amends your existing will. It is useful for small, targeted changes, such as swapping out the person you named as personal representative or adjusting a single gift. But a codicil is not casual. It has to be executed with the very same formalities as a will. Under RCW 11.12.020, that means it must be in writing, signed by you, and attested by two or more competent witnesses. You cannot simply scribble a change in the margin of your will, cross out a name, or write a quick note and expect it to hold up. Handwritten edits made directly on the face of a signed will can create confusion about your intent and, at worst, cast doubt on the validity of the whole document.

Because codicils have to clear the same bar as a will anyway, and because a will plus several codicils can become confusing to read together, many people find it cleaner to simply make a new will when they want to update their plan.

A New Will Usually Replaces the Old One

When your circumstances have changed in a meaningful way, drafting a fresh will is often the better path. A properly drafted new will typically includes language expressly revoking all prior wills and codicils, which prevents the old and new documents from contradicting each other. This is the cleanest way to make sure there is only one clear statement of your wishes when the time comes.

How Washington Says a Will Gets Revoked

Understanding how a will is revoked helps you avoid accidental gaps. Under RCW 11.12.040, a will can be revoked in two main ways. The first is by a later will that revokes the earlier one, either expressly or by being inconsistent with it. The second is by a physical act, meaning the will is burned, torn, canceled, obliterated, or destroyed with the intent to revoke it, done either by you or by someone else acting at your direction and in your presence.

That second method carries a warning. If you decide to tear up your old will because you are making a new one, but something happens before the new will is properly signed and witnessed, you could be left with no valid will at all. The safe approach is to make sure the new document is fully and correctly executed before the old one is destroyed. Timing matters more than people expect.

Update After Major Life Events

The best will in the world can quietly become the wrong will if life moves on and the document does not. Certain events are natural triggers to revisit your plan. Marriage, divorce, the birth or adoption of a child, the death of someone you named as a beneficiary or personal representative, a significant change in your finances, buying or selling real estate, or a move to or from Washington can all mean your will no longer reflects your wishes or no longer fits the law that applies to you.

Divorce deserves particular attention, because family changes can reshape who you want to inherit and who you want in charge, and the interplay between your will and Washington law is not always intuitive. So does welcoming a new child, since a will drafted before that child was born may leave them out entirely or fail to name a guardian for them.

For married couples, community property is another reason to keep a will current. Under RCW 26.16.030, neither spouse may give away more than one-half of the community property by will. As your assets and your marriage change over time, the way that rule affects your plan can shift too, and a stale will may no longer account for it.

A good general habit is to review your will every few years even if nothing dramatic has happened, and to review it promptly whenever one of those life events occurs. A review does not always lead to a change, but it makes sure that silence in your file is a choice rather than an oversight.

Keep Your Plan in Step With Your Life

Your will should grow and change right along with your family. If it has been a few years, or if something significant has shifted in your life here in Snohomish County, it may be time to take a fresh look. The Law Office of Chad Foster helps clients update their wills the right way, so a change you intend actually takes effect. Reach out when you are ready to make sure your plan still says what you mean.