Is there such a thing as a temporary Will that can be executed during travel?

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Is there such a thing as a temporary Will that can be executed during travel?

My wife and I will be traveling overseas without my daughter. I do have a Will in place but want

to draw up a temporary Will designating everything to my daughter should something happen to my wife and I. Is there a document that could be utilized to cover this request? We will be gone 1 week.

Asked on March 27, 2019 under Estate Planning, Alabama

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 2 years ago | Contributor

Unfortunately, a Will is permanent; there is no such thing as a "temporary Will", even for travel purposes. Accordingly, you can either execute a new Will that designates everything go to your daughter and then upon your return you can execute another Will that provides for the same terms as your current Will. While this requires extra work, it is the only way to accomplish what you want.

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 2 years ago | Contributor

No, there is no such thing as a temporary will: there are only wills, which are permanent until and unless changeed. You can draw up (and must have properly signed and witnessed!) a new will replacing the old one, but then to put the old will back in force, will need to have a "newer" will created--which can be 100% identical to the current one--and properly signed and executed. That is, you can replace a will as often as you like, but each replacement is now THE will until it in turn is replaced.


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