How to Amend a Will or Trust in Illinois

 Posted on March 22, 2024 in Estate Planning

People make changes to their estate plans for a number of reasons. You may have become estranged from someone you had named as a beneficiary. A house you left to someone in your will may have been sold when you moved into a retirement home. Your financial situation could have changed, meaning that you have new assets to account for in your will or trust. When you choose to make changes to a will or trust, it is important to follow the correct legal procedure. Attempting to do it yourself might result in the creation of an unenforceable document. It is important to have a Kendall County, IL estate planning attorney help you make amendments properly.

Amending or Changing a Will in Kendall County, IL

If you are making substantial changes to your will, such as eliminating a beneficiary, changing who receives what, or adding a significant amount of new property, it is may be better to make a new will. This means that you will formally revoke your former will and replace it with a will that expresses your current wishes. While you can use a codicil to make minor changes - for example, if you were going to leave your son a Honda Civic but you traded it in for a Toyota Tacoma and want him to have that instead - codicils can become complicated. The formalities that apply to will execution apply to codicils.

Altering an Illinois Revocable Living Trust

If you have a revocable living trust, you can make changes to it fairly easily, but the process must be overseen by a lawyer to ensure that the changes will be enforceable. If the change you are making is relatively simple, such as if you are just changing who the trustee is, you can likely use a trust amendment. A trust amendment is used to express the changes you are making. It is then attached to the original trust.

If you are making more complex changes or need to make numerous changes, you might want to use a trust restatement. A trust restatement essentially revokes the former trust and allows you to create a new trust document reflecting your desired changes.

If you have gotten married or divorced, had a child, or had a grandchild born, you may wish to update your trust to add or remove certain beneficiaries.

Contact a Yorkville, IL Wills and Trusts Amendments Attorney

Gateville Law Firm can help you make changes to your will or trust according to the proper legal procedure. Our Kendall County, IL estate planning attorneys pride ourselves on providing the best customer service. We respond rapidly when you need us. Contact us at 630-780-1034 to start with a free consultation.