Do I Amend or Create New Documents to Significantly Change a Will or a Trust?

If the changes to a Last Will and Testament or a Living Trust are significant, a person can create new documents to take the place of the existing documents. But a Will and Trust must be handled differently.

For a Last Will and Testament, the most recently dated signed and notarized Will is in force and renders invalid any previous Wills, assuming all applicable laws are followed in the creation of the new Will. See Standard Legal’s Last Will and Testament legal forms software page for details.

For a Living Trust, the creation of a new Trust should specifically indicate that it supersedes and replaces a previous Trust. Further, all property that was transferred into the previous trust must be “re-transferred” to the new trust (i.e. the new trust needs to be “funded” with the assets contained in the previous trust). Details for creating a new version using Standard Legal’s Living Trust legal forms software are here.