How to Remove a Beneficiary from Your Will
Identify the clauses you need to change., Copy the format of your existing will., Keep the language you don't want to change., Remove and add beneficiaries where appropriate., Sign your new will.
Step-by-Step Guide
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Step 1: Identify the clauses you need to change.
If you want to revoke your old will and create a new one, read through your original will carefully.
Note the places in which the person's name appears as a beneficiary.Creating a new will is one of the most straightforward ways to make any changes to your old one.
If you're making a new will, you also have the ability to change anything else that seems outdated or no longer appropriate.
Since you probably will be copying most of the language from your original will into your new one (unless you have substantial changes planned), take care to highlight the portions you need to change.
Keep in mind that you may not be allowed to disinherit certain people, such as your spouse or your children, under the laws of some states.
Contact an estate planning attorney if you think this might be an issue. -
Step 2: Copy the format of your existing will.
Since you already have a will, you generally can draft a new one on your own – even if you had an attorney draft the original.
However, if you do plan to draft a new will, you may want to contact the attorney who drafted the original and let them know what you're planning to do.You don't necessarily have to get that attorney to draft your new will.
However, they may have copies of your old will, and you want to make sure those are destroyed.
If you're creating your will using a word processing application on your computer, simply copy the font, paragraph styles, and margins that were used in your original will.
There's no need to change the title of your will, or to otherwise acknowledge the previous will.
Rather, simply include a sentence in the first paragraph that says "With this will, I revoke any and all wills or codicils I previously executed."
If the only thing you're doing is removing a beneficiary, you should be able to copy everything else in your will verbatim.
Be careful changing any language you don't need to change, as you may unwittingly alter the effect of the will.Remember that a will is first and foremost a legal document.
Even if you don't understand some of the language and think it's unimportant, include it anyway.
One factor of legalese many people don't understand is how redundant it seems.
However, in the context of wills, these seemingly redundant phrases often are necessary to pass down your assets exactly the way you want.
This is particularly true if you had an attorney draw up your original will.
Changing their language may result in unintended consequences. , Ideally, you should be able to simply remove the name of the person you want to remove as a beneficiary, and put another name in their place.If you don't want to replace the person, but want to give those assets to another beneficiary already listed, you might want to talk to an attorney about how to rework the language so your new will has that effect.
You may have given everything in your estate that wasn't specifically given to someone else to one beneficiary.
If that's the case, and if you no longer wish the specific bequest to go to a particular individual, you can simply remove the clause giving that asset to the beneficiary you want to remove. , Once you've finished drafting your new will, look over it carefully to make sure you don't have any typos or other errors.
You may want to have an estate planning attorney look over it as well.When you're satisfied with your draft, print it up for signing.
You must follow the same formalities you did when you signed your original will.
If you don't remember what you did when you signed your original will, look at the document itself.
Note the number of witness signatures and whether there's a notary seal.
The entire proceeding of executing a will typically must be all at once.
If you're required to have two witnesses, you may want to call the same people who witnessed your original will.
Once you've signed your new will, do everything you can to destroy any existing copies of your old will, so there isn't any confusion. -
Step 3: Keep the language you don't want to change.
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Step 4: Remove and add beneficiaries where appropriate.
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Step 5: Sign your new will.
Detailed Guide
If you want to revoke your old will and create a new one, read through your original will carefully.
Note the places in which the person's name appears as a beneficiary.Creating a new will is one of the most straightforward ways to make any changes to your old one.
If you're making a new will, you also have the ability to change anything else that seems outdated or no longer appropriate.
Since you probably will be copying most of the language from your original will into your new one (unless you have substantial changes planned), take care to highlight the portions you need to change.
Keep in mind that you may not be allowed to disinherit certain people, such as your spouse or your children, under the laws of some states.
Contact an estate planning attorney if you think this might be an issue.
Since you already have a will, you generally can draft a new one on your own – even if you had an attorney draft the original.
However, if you do plan to draft a new will, you may want to contact the attorney who drafted the original and let them know what you're planning to do.You don't necessarily have to get that attorney to draft your new will.
However, they may have copies of your old will, and you want to make sure those are destroyed.
If you're creating your will using a word processing application on your computer, simply copy the font, paragraph styles, and margins that were used in your original will.
There's no need to change the title of your will, or to otherwise acknowledge the previous will.
Rather, simply include a sentence in the first paragraph that says "With this will, I revoke any and all wills or codicils I previously executed."
If the only thing you're doing is removing a beneficiary, you should be able to copy everything else in your will verbatim.
Be careful changing any language you don't need to change, as you may unwittingly alter the effect of the will.Remember that a will is first and foremost a legal document.
Even if you don't understand some of the language and think it's unimportant, include it anyway.
One factor of legalese many people don't understand is how redundant it seems.
However, in the context of wills, these seemingly redundant phrases often are necessary to pass down your assets exactly the way you want.
This is particularly true if you had an attorney draw up your original will.
Changing their language may result in unintended consequences. , Ideally, you should be able to simply remove the name of the person you want to remove as a beneficiary, and put another name in their place.If you don't want to replace the person, but want to give those assets to another beneficiary already listed, you might want to talk to an attorney about how to rework the language so your new will has that effect.
You may have given everything in your estate that wasn't specifically given to someone else to one beneficiary.
If that's the case, and if you no longer wish the specific bequest to go to a particular individual, you can simply remove the clause giving that asset to the beneficiary you want to remove. , Once you've finished drafting your new will, look over it carefully to make sure you don't have any typos or other errors.
You may want to have an estate planning attorney look over it as well.When you're satisfied with your draft, print it up for signing.
You must follow the same formalities you did when you signed your original will.
If you don't remember what you did when you signed your original will, look at the document itself.
Note the number of witness signatures and whether there's a notary seal.
The entire proceeding of executing a will typically must be all at once.
If you're required to have two witnesses, you may want to call the same people who witnessed your original will.
Once you've signed your new will, do everything you can to destroy any existing copies of your old will, so there isn't any confusion.
About the Author
Laura Armstrong
Specializes in breaking down complex lifestyle topics into simple steps.
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