Allison Harrison
April 6, 2023

Do I have to use the same attorney to update my will that drafted it?

No. You can go to any attorney you want to update your will. However, the attorney who drafted it likely (should) have a word copy of the will that can be easily updated. If you go to a new attorney, they might need to draft an entirely new will because you need changes that cannot be completed via a codicil.

A codicil is a name for an amendment or change to your will. A codicil will need to be executed in the same formalities as your will (2 uninterested witnesses over 18 watch/acknowledge you sign + you sign). You can use a codicil to make simple changes to your will, like adding a specific bequeath of grandma’s candy dish to a child. However, it is not recommended for one person to have multiple codicils or to make major changes in a codicil as it can create conflicts between the original will and the codicil that can create havoc in probate court.

If your prior attorney has retired or you didn’t love your experience, then it might be worth finding a new attorney to help update!