Changing a Will vs. Writing a New One: What's Best for You in Montana?

Life changes, and so should your will. If you've joined a new family member to the family, bought a new house, or experienced a dramatic life event, updating your will keeps your wishes current. Some wonder if it is enough to amend my will in Montana or whether it is preferable to start over. Knowing the distinction helps you make the most informed choice for your situation and keeps your estate plan brief and legally compliant.

This handbook explains how amendments work under Montana law, when you might need to create a new will, and how to protect your assets and your loved ones.

Understanding Amendments: What is a Codicil?

A will is modified through a legal instrument called a codicil. The instrument enables you to make slight or specific modifications without having to rewrite the entire will. You can, for example, use a codicil to:

• Add or remove a beneficiary.
• Change an executor.
• Revise the disposition of personal effects.
• Change a gift or donation amount.

In Montana, however, the codicil must meet the same legal standards as a will. It must be in writing, signed by the testator, and witnessed by two people. The codicil is then attached to the initial will and becomes part of your overall estate plan.

Codicils are easy if the changes are minor. But if you have made a number of them over the years, they become confusing or even contradictory. That's when it may be more prudent to draft a new will.

When to Write a New Will?

Preparation of a new will is most often the best option if your life circumstances have changed radically. A new start allows you to clarify your wishes and get rid of outdated instructions.

You may consider executing a new will if:

• You got married or divorced.
• You gave birth to a child or adopted one.
• You bought or sold valuable property.
• Your executor or beneficiaries have passed away.
• You would prefer to insert a trust or other estate planning tools.

Montana legislation defines a new will as taking precedence over previous drafts if clearly stated on the instrument. With signing and witnessing, the new will automatically revoke any previous drafts, keeping your estate planning straightforward and simple.

Legal Requirements for Montana Wills:

For your will or codicil to take effect in Montana, you must be 18 years of age or older and of sound mind. The document should be signed in your presence by you and two witnesses. Handwritten (holographic) wills are also effective if they are signed and written in your hand.

After updating, keep your will in a secure location, including a fireproof safe or with your attorney. Ensure your executor or someone trusted understands where to locate it. Having a neat record prevents confusion when making decisions according to your last will.

Frequent Mistakes When Updating a Will:

Even minor mistakes can lead to legal problems in the future. Some of the most frequent errors are:

• Using ambiguous or inconsistent wording
• Omitting to revoke earlier wills
• Changes in handwriting on a document
• Failing to secure proper witness signatures

Don't get caught in these pitfalls by having a professional familiar with Montana estate law. Legal advice enables each modification to be executed in the proper form and meet all state requirements.

Why Legal Guidance Matters?

Simplifying a will can look simple, but one missing detail can cause delay or conflict in the future. A probate and estate attorney will review your existing documents, explain your options, and ensure your changes are compliant. They also help with ancillary estate planning tasks, such as power of attorney, healthcare directives, and trust creation.

Whether you’re making small edits or starting from scratch, an experienced professional ensures your documents comply with Montana law and reflect your current intentions.

Keeping Your Will Up to Date

Life does not remain constant, and your estate plan must adapt. Whether to change my Montana will or start over depends on the size of the change and how much you need to explain. Small changes can be achieved through a codicil, but major life events tend to call for a do-over.

Before you do anything, consult the services of a probate and estate attorney who can help you. With the right guidance, you will be able to amend your will with certainty, protect your assets, and leave your loved ones as you want them to be.