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 Wisconsin, 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 legally execute or update a will, it must be signed by the testator in the presence of at least two competent witnesses, who must also sign the document. A codicil, which is an amendment to an existing will, can be used to make changes without drafting an entirely new will, but it must meet the same formalities as a new will, including the signature of the testator and witnesses. Wisconsin law requires these formalities to ensure the document's validity and to clearly reflect the testator's intentions. When a new will is executed, it is advisable for the testator to destroy any previous versions to prevent confusion and potential legal disputes during probate. These regulations are typically found in the Wisconsin Statutes, specifically under the provisions related to wills and estates.