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If you have already executed a will, you are probably wondering whether you can change the will without the executor knowing?
The good news is that you can change your will as many times as you like without the executor knowing. The will is revocable for as long as you are alive. You do not need to inform your executor that you are changing the will, or even that you are changing your executor. A will can be changed without the executor knowing. The only important thing to remember if you are changing your will is that the new will must be properly executed. Otherwise, if there is no proper execution of the will (which complies with state formalities), the new will may be denied probate, and the old will may be revived.
Should you inform your executor that you are changing your will?
If you are changing your will, you must inform someone that you are doing so. Whether that someone is the executor depends on you. You don’t want to waste your executor’s resources in petitioning for probate your old will, when you have a new will.
Ultimately, it might be wise to inform the executor that you are changing your will so that, if the executor is still the executor in the new will, the executor will know which will to probate. If the executor is not the executor anymore in the new will, then the executor will know that he does not need to waste resources to probate a will upon your death.
Post-death changing of the will
Once you die, the will cannot be changed anymore, whether with or without the executor’s knowledge. Only you have the power to change your will.
If you need assistance in drafting or amending a will or planning your estate, the Law Offices of Albert Goodwin are here for you. We have offices in New York City, Brooklyn, NY and Queens, NY. You can call us at 212-233-1233 or send us an email at [email protected].
About the Author
Albert Goodwin Esq. is a licenced New York attorney with over 17 years of courtroom experience. His extensive knowledge and expertise make him well-qualified to write authoritative articles on a wide range of legal topics. He can be reached at 212-233-1233 or [email protected].
