The right way to modify your will or trust in Idaho
Robert J. Green
As an Idaho estate planning attorney, I frequently encounter clients who've attempted to modify their estate planning documents themselves — often with problematic results. Let me share why DIY modifications can lead to serious issues and how to properly amend your will or trust.
Why Estate Plans Change
Estate plans rarely remain static throughout your life. Changes in family circumstances, relocations to different states, shifts in financial situations, or evolving personal wishes all create valid reasons to update your estate planning documents. This is perfectly normal and expected.
Common Mistakes to Avoid
Unfortunately, I regularly review documents with handwritten edits directly on the original pages or informal addenda stapled to the back. I understand the impulse — you want to make a quick change without the hassle of visiting an attorney. However, these approaches almost never satisfy Idaho's legal requirements for valid amendments and can create significant problems for your loved ones after you're gone.
How to Properly Change Your Will
A legally enforceable change to a will can be accomplished in two ways:
1. Create a new will that explicitly revokes all prior wills. This replacement document becomes your operative will.
2. Execute a codicil — a separate formal document that clearly identifies which specific provisions of your existing will are being modified while reaffirming the unchanged portions.
Both approaches require adherence to Idaho's technical requirements for will execution, including proper witnessing and attestation, with notarization.
How to Properly Change Your Trust
Similarly, there are two legitimate methods to modify a trust:
1. Trust restatement — creating an entirely new trust document while maintaining the original trust name and creation date. This is not a revocation of the trust but a complete replacement of the terms — a full re-write of the document in other words.
2. Trust amendment — similar to a codicil of a will, this is a separate document that specifically identifies which provisions of the original trust document are being changed.
Both methods have precise legal requirements that must be carefully followed for the changes to be legally binding.
A Note About Holographic Wills
While handwritten wills (called "holographic wills") are legally recognized in Idaho, they have very specific requirements and are not eligible for informal probate — the simpler probate process under Idaho law. This means that even if your original will was properly executed, a handwritten modification might not meet legal standards, potentially invalidating your intended changes.
The Serious Consequences of Improper Modifications
When estate planning documents contain improper modifications, the resulting ambiguity often leads to:
• Family disputes over your true intentions
• Lengthy and expensive court proceedings
• Potential invalidation of both the changes and possibly the original document
• Distribution of assets contrary to your wishes
• Avoidable tax consequences
The Solution: Professional Assistance
The good news is that properly modifying your estate planning documents doesn't need to be complicated or prohibitively expensive. A qualified estate planning attorney can help you make legally enforceable changes — whether minor adjustments or major revisions — that will properly protect your wishes and your loved ones.
Rather than risking the integrity of your entire estate plan with DIY modifications, consult with an experienced attorney who understands Idaho's specific requirements. The investment in professional assistance now can prevent significant problems and expenses later.
Remember: in estate planning, there are many ways to make mistakes but only a few ways to get it right. When it comes to ensuring your final wishes are honored, professional guidance is invaluable.
My law firm is currently offering free telephonic, electronic, or in-person consultations concerning adult guardianships, probates, and creating or reviewing estate planning documents.
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Robert J. Green is an Elder Law, Trust, Estate, & Guardianship Attorney and the owner of Kootenai Law Group, PLLC in Coeur d’Alene. If you have questions about estate planning, probates, wills, trusts, powers of attorney, guardianships, Medicaid planning, or VA Benefit planning, contact Kootenai Law at 208-765-6555, Info@KootenaiLaw.com, or visit www.KootenaiLaw.com.
This has been presented as general information and not as legal advice. Do not engage in legal decision-making without the advice of a competent attorney after discussion of your specific circumstances.