How can I modify or revoke a will?

In California, a will can be modified or revoked as long as the modification or revocation is done in strict accordance with state law. The state of California recognizes three ways to make alterations to an existing will: codicils, nuncupative wills, and revoking the will entirely. A codicil is a supplementary document that is attached to the original will and which amends, modifies, or revokes provisions contained in the original will. The codicil must be signed in the same manner as the original will, with the same formalities. A nuncupative will is an oral statement, made by the decedent in the presence of two or more credible witnesses, that modifies or revokes a will. The statement must be made while the decedent is in sound mind and must be reduced to writing and signed by the witnesses in the presence of each other within 30 days of the statement. Finally, an existing will can be revoked entirely by making a new will or writing a document expressing the intention to revoke the original will. For the new will or revocation document to be valid, it must be signed in the manner prescribed for the execution of wills. In any event, an existing will should always be modified or revoked with the assistance of a qualified attorney who is familiar with the laws of the state. This is to ensure that the modification or revocation of the will is done properly, in accordance with state law, and that the wishes of the decedent are fully respected and carried out.

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