A person who makes a will (a testator) may update or revise the will at any time during their lifetime if the testator has the required mental capacity (is of sound mind) and the document is executed or signed with the required formalities (such as witnesses and signatures), as provided by the state’s laws.

There are generally two ways to update a will—execute a new will (usually the best option) with the required witnesses, signatures, and other formalities—or execute a codicil (a supplement to an earlier will), with the required witnesses, signatures, and other formalities, as provided by the state’s laws.

Laws regarding the use of codicils and the required formalities for wills and codicils vary from state to state and are usually located in a state’s statutes—often in the estates code or probate code.

A testator who updates their will by executing a new will should usually destroy the previous will to avoid questions regarding which will reflects the testator’s true intent and to avoid competing wills being offered for probate (recognition by the court).

In New York, a testator has the right to update or revise their will at any time as long as they have the mental capacity to do so and adhere to the required legal formalities. To update a will, the testator can either create a new will or add a codicil to the existing will. Both methods require the observance of specific formalities, such as being in writing, signed by the testator, and witnessed by at least two individuals who are not beneficiaries. New York law, particularly the Estates, Powers and Trusts Law (EPTL), outlines the requirements for executing a valid will or codil. When a new will is executed, it is advisable to destroy any previous versions to prevent confusion and ensure that the most recent will is the one recognized during probate proceedings.