Do I need to re-do my Will if I have another child?

One of the questions we get from time to time is this: “Do I need to redo my Will if I’ve had another child or if I’ve had my first child?” That’s a great question for us to answer in today’s short video.

The answer is: “It depends.” It depends on the language in the Will that you signed. If the Will that you executed says that it was made in contemplation of the possibility of an additional child or children coming into your family, then you’re going to be okay and just fine, but if your Will does not specifically include language that it was made with the contemplation of a possible child or children joining your family, then you’re going to need to get in and speak with an experienced planning lawyer. You may need to redo your Will or add a codicil to it to ensure that your wishes are documented and can be carried out. This is because there are a few things under Georgia law that work to invalidate your Will (to the point where your wishes may not be followed) and those include marriage or the birth or adoption of a child. Those situations can be overcome by having language in your Will that says that the Will is executed in contemplation of those specific events, but if it’s not there, you may need to redo your Will or have an amendment to it called a codicil.

If you’ve got questions about your estate plan that you’ve put in place or questions about putting together a plan for the first time, we invite you to contact us and see if we could be of help. You can reach us at (678) 344-5342. We’d also be happy to send to you our estate planning kit, which will provide valuable information about estate planning in Georgia, walking you through some of the different tools that we use and answering many frequently asked questions. We’ll get that out in the mail to you for free, no strings attached. Just give us a call and ask for it and provide us your name and mailing address. We’ll get it out to you right away.