How do I void a Will and set up a trust instead?

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

How do I void a Will and set up a trust instead?

We have a Will but would like to void it since it is out of date and set up a trust instead. We have only one house, our principal residence, and 3 adult children.

Asked on January 10, 2012 under Estate Planning, Missouri

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 12 years ago | Contributor

A will is voided by a subsequent will; the easiest and best way to do this is therefore to draft a new will which will, once it is properly executed, replace the old will. If you intend to set up a testamentary trust (one that comes into being upon death), you can do that in the new will.  If you intended to set up an "inter vivos" trust, or one that comes into being now, you'll still need a new will anyway (even though the trust is set up by a separate document), to take care of property (such as later acquired property) that is not made part of the trust.

You are strongly advised to not do this yourself, but to let an attorney help you--particularly if you're setting up a trust. If trusts and wills are not created properly, they will not be given effect; the old will will remain in force.

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 12 years ago | Contributor

A will is voided by a subsequent will; the easiest and best way to do this is therefore to draft a new will which will, once it is properly executed, replace the old will. If you intend to set up a testamentary trust (one that comes into being upon death), you can do that in the new will.  If you intended to set up an "inter vivos" trust, or one that comes into being now, you'll still need a new will anyway (even though the trust is set up by a separate document), to take care of property (such as later acquired property) that is not made part of the trust.

You are strongly advised to not do this yourself, but to let an attorney help you--particularly if you're setting up a trust. If trusts and wills are not created properly, they will not be given effect; the old will will remain in force.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption