Whether life brings new joys or unexpected challenges, keeping your estate plan up to date is crucial for protecting your loved ones and assets. Wills and trusts aren’t “set it and forget it” documents—major events like marriage, divorce, the birth of a child, or changes in assets can mean your legacy plan may no longer reflect your true wishes. At Alatsas Law Firm, we know how vital it is for Brooklyn’s middle-income families to understand how and when to modify these important documents, so your family’s future remains secure.
This easy-to-follow listicle will walk you through the process of modifying a will or trust—what triggers the need for a change, the right way to make updates, and how to ensure your documents remain valid and effective under New York law.
1. Know When to Update Your Will or Trust
Updates should be considered any time your life circumstances or wishes change. Common triggers include:
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Marriage, divorce, or remarriage
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Birth or adoption of a child
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Death or incapacity of a named beneficiary, trustee, or executor
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Changes in significant assets (buying/selling a home, business changes, inheritance)
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Shifts in residency or relevant laws (especially moving to/from New York)
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Changing your mind about who inherits what or who will manage your estate
Tip: Reviewing your estate plan every 3–5 years—or after any major life event—ensures your documents stay current.
2. How to Change a Will: Codicils and New Wills
A. Using a Codicil
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A codicil is a legally recognized update to your existing will. It’s often used for simple changes, such as adding a beneficiary or updating an executor.
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Must be executed with the same formality as the original will (usually two witnesses in New York).
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Should clearly specify which parts of the original will are being amended or revoked.
B. Making a New Will
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For major changes (significantly restructuring inheritances, changing multiple sections), it’s usually best to draft a new will.
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Include language in the new will that revokes all prior wills and codicils to prevent confusion or legal disputes.
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Destroy old copies to avoid accidental probate of an outdated document.
Alatsas Law Firm Perspective: Too many New Yorkers attempt “DIY” updates using handwritten notes or online forms, which can create ambiguity and risk legal challenges. We recommend working with an attorney to ensure every change is properly executed and legally sound.
3. How to Change a Revocable Living Trust
A. Amendments
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Most revocable trusts are designed to be flexible. You can amend provisions, change trustees, or add/remove beneficiaries while you are alive and competent.
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Amendments should be written, signed, and dated—following the procedures given in the original trust document.
B. Restatement of Trust
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If you want to substantially revise many provisions, consider a restatement. This replaces all prior trust terms with a new set, while preserving the trust’s identity (useful for continuity in asset titling and estate planning efficiency).
C. Irrevocable Trusts
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These are generally far more difficult to modify. Changes may require agreement from beneficiaries and sometimes court approval, depending on the trust’s terms and New York law.
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You may be able to use legal tools (like a “decanting” process) to update certain provisions—consult an attorney for options.
4. Ensuring the Change is Valid Under New York Law
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New York law sets specific formalities for will and trust amendments. For wills, changes must be signed in the presence of at least two witnesses. For trusts, check the trust’s own amendment procedures.
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Not following proper legal procedures can result in the change being ignored by probate courts, causing confusion, delays, or disputes.
5. Notify the Right People and Update Asset Designations
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Tell your executor, trustees, and key family members about the update to avoid surprises.
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Update any “payable on death” (POD), retirement, or insurance beneficiary designations that may be inconsistent with your newly modified documents.
6. Keep Your Documents Safe and Accessible
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Store the originals in a secure, fireproof location.
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Provide copies to your attorney or let them hold the originals in their office for safekeeping.
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Make sure your trusted decision-makers know where to find critical documents in an emergency.
7. Avoid Common Mistakes and Legal Pitfalls
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Don’t write on the original will or trust—marginal notes are usually unenforceable.
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Don’t use unstapled or unsigned changes, as New York courts will ignore them.
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Don’t forget about digital assets, online accounts, and new property when updating documents.
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Do consult a professional: Even small estate planning mistakes can have major (and expensive) consequences for your family.
8. Consider the Impact of Changes on Medicaid or Asset Protection Plans
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For families worried about long-term care costs, changes to your trust or will could affect your Medicaid eligibility or asset protection strategies.
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Always review these implications with an attorney who understands both elder law and local Medicaid regulations—like Alatsas Law Firm.
9. FAQs: Modifying Wills and Trusts in New York
Q: Can I just cross out a name or amount in my will?
A: No. Handwritten changes are generally not valid unless properly executed as a codicil or new will with witnesses.
Q: How often should I review my documents?
A: Experts recommend every 3–5 years, or after any significant life event.
Q: Can beneficiaries contest my updates?
A: Properly executed updates are enforceable, but contested changes are more likely if procedures aren't followed.
Q: Is changing a trust in NY complicated?
A: Revocable trusts are generally easy to amend, but discuss any changes to irrevocable trusts with an attorney.
10. Consult a Local Estate Planning Professional
Changes that seem simple can have far-reaching effects. Laws evolve and so do your personal/family needs. Working with an experienced attorney—especially one who knows the unique needs of Brooklyn families—reduces risks and provides peace of mind.
At Alatsas Law Firm, our team is dedicated to helping middle-income families in Brooklyn, Queens, and Staten Island, guiding you through every step of estate planning, modification, and asset protection with compassion and legal expertise. Schedule a review with us to ensure your legacy remains protected—no matter what life brings.
Key Takeaways
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Regularly review and update your will or trust—don’t let outdated documents create burdens for your loved ones.
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Use the right legal process (codicil or new will; amendment or restatement for trusts) and ensure all updates meet NY’s legal requirements.
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Notify your key people and keep your documents secure.
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Consult with an experienced estate planning attorney to avoid costly mistakes and safeguard your family’s future.
Ready to review your estate plan? Reach out to Alatsas Law Firm for a personalized consultation and protect what matters most.
