By Lane V. Erickson, Attorney
Let’s suppose for a minute that you have taken the advice that we’ve given in this blog several times and you’ve actually completed your estate planning by having a Last Will and Testament prepared. A few years go by and you pull your Last Will and Testament out to review it and realize that you’d like to make some changes. A thought then goes through your mind. Rather than taking the Last Will and Testament back to the attorney you wonder if you can make handwritten changes to you Last Will and Testament yourself and save some money.
In Idaho a person can make handwritten changes to their own will so long as those changes are in their own handwriting and are dated and signed. However, there are several problems that can arise if you choose to do this.
The first problem that can arise is that you may inadvertently invalidate the remainder of your typed Last Will and Testament. The reason this can happen is that you may write something in your own handwriting that contradicts the terms, or conditions, or gifts that you have previously given in your typed Last Will and Testament. If the handwritten changes you make are extensive enough, a court may actually determine that the only binding Last Will and Testament you have are the terms that you have in your own handwriting.
Another problem that can arise is that your beneficiaries may be more apt to challenge your will if it contains a number of notes and terms that are in your own handwriting. It is not uncommon for family members to put pressure on parents, especially when they become older and are more feeble and vulnerable to suggestion. If there is any evidence that a person has unduly influenced the testator into making changes to their last will and testament, a court may simply invalidate the handwritten changes. The biggest problem associated with this situation though are the cost and legal fees associated with bringing this matter in front of a court in the first place. Challenging a person’s last will and testament may be expensive and time-consuming.
If you do want to make changes to your Last Will and Testament, we recommend that you speak to a qualified attorney and seek legal advice on making those changes properly. If you have questions about making changes to your Last Will and Testament we can help. Call us toll free at 877-232-6101 or 208-232-6101 for a consultation with Lane Erickson and the Racine Olson team of Estate Planning attorneys in Idaho. You can also email Lane Erickson directly at lve@racinelaw.net. We will answer your Idaho Estate Planning questions and will help you solve your Idaho Estate Planning problems.
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