Can I revise my original will myself by having the changes notarized instead of going back to the lawyer?

Question

The will was done more than 15 years ago and some things are now irrelevant and outdated such as a trust. I also want to change the executor.

Answer 1

It's best to have a lawyer involved to show the legitimacy of the changes.  If you do it yourself and someone contests the will upon your death, it would be easier for them to show the changes were fraudulent, done under duress or mental instability, or something else of that nature.  If you sit down with a lawyer and discuss the will and have all the necessary witnesses, then the will appears more legitimate.

As for changing the executor, I would certainly consult an attorney so there are NO questions.  People can get crazy about that kind of thing.

Answer 2

Generally, in the US, no.

Even if you write up a clear "codicil" to your will, it must be properly witnessed according to the laws of your state.  A notary acknowledgment is usually not sufficient.

Answer 3

You can, but there are risks.  If you take a copy of your will and mark it up, there is always a question about whether the changes are really yours, or alternatively whether you revoked the whole will.  

If you make a completely new copy of the will, be sure to have each page notarized and to sign and date each page.  And be sure to include a clause in the new will that revokes any and all previous wills, including especially the one you are trying to supersede here.  Use the same witness strategy used in the original will--that is, have witnesses sign the same kind of documents they signed the first time.  Make sure your witnesses are not themselves beneficiaries under the will.  And make sure your witnesses are young enough that they are likely to be alive longer than you are.

Also, it wouldn't hurt to send a letter to the original lawyer notifying him or her of the revocation.  That, too, would help minimize challenges later on.  The lawyer can't charge you money simply for receipt of a letter.  

I would recommend doing this only if your situation is relatively simple.  In particular, if you are at all concerned about end-of-life issues like how you should be treated if you become disabled (powers of attorney and the like), then you should probably spend the money on a lawyer.