Will Amendments in South Dakota

Life Events That Should Prompt a Will Review in South Dakota

Certain changes make revisiting your will not just advisable but necessary. South Dakota law treats some life events in ways that may surprise you if your plan hasn’t been reviewed.

Marriage

A will made before marriage isn’t automatically revoked in South Dakota. However, if a new spouse isn’t provided for in the existing document, that spouse may be entitled to certain statutory rights. A review after marriage confirms your plan reflects your current intentions.

Divorce

Under South Dakota Compiled Laws 29A-2-804, divorce automatically revokes any will provisions leaving property to a former spouse or that spouse’s relatives, unless the will, a court order, or a contract relating to the division of the marital estate states otherwise. Even so, a formal amendment or new will is advisable to help ensure the rest of your plan still says what you want it to say.

Birth or Adoption of a Child

Updating guardian designations and inheritance provisions after a child joins your family helps support protection for minor children under your plan.

Death of a Named Beneficiary, Executor, or Guardian

When a named individual predeceases you, those provisions may fail or fall to a court-appointed substitute. Updating the document can reduce that uncertainty.

Significant Asset Changes

Acquiring or disposing of real property, a business interest, or ranch land in western South Dakota may require adjusting distribution language to reflect your current asset picture.

Changes in Tax Law

Federal estate tax exemptions and South Dakota inheritance rules can shift. Regular plan reviews help confirm your documents account for the current legal environment.

South Dakota Codicil Execution Requirements

A will amendment is only effective if it meets South Dakota’s formal requirements. Understanding what makes a codicil legally valid helps you avoid costly errors.

South Dakota adopted Articles I, II, III, IV, and VIII of the Uniform Probate Code, effective July 1, 1995, which govern will and codicil execution in the state. A valid codicil must be in writing, signed by the testator (the person whose will is being amended), and witnessed by two individuals who also sign in the testator’s presence, matching the formalities required for the original will.

One point that surprises many people: handwritten revisions made directly on a signed will aren’t effective under South Dakota law. Only a properly executed codicil or a new will can change the document.

Notarization isn’t required for validity, but having a notary sign a self-proving affidavit can simplify the probate process by allowing the court to accept the will without contacting the original witnesses. A well-drafted codicil also clearly references the original will by date, identifies each specific provision being changed, and confirms that all remaining provisions stay in effect.

Will Amendment Questions We Hear Often

Is there a limit on how many times I can amend my will?
No. A competent testator may change a will as many times as desired during their lifetime. That said, when amendments accumulate, replacing the will with a new document is often the cleaner approach.

Can I cross out and rewrite sections of my existing will?
No. Handwritten changes to a signed will aren’t effective under South Dakota law. A properly executed codicil or a new will is required.

Do the witnesses on my codicil need to be the same people who signed my original will?
No. A codicil requires two witnesses, but they don’t need to be the same individuals who witnessed the original will.

What happens to my will if I get divorced in South Dakota?
Under South Dakota Compiled Laws 29A-2-804, divorce automatically revokes provisions in favor of a former spouse and that spouse’s relatives, unless the will, a court order, or a contract relating to the division of the marital estate states otherwise. A formal amendment or new will is still advisable to help confirm the rest of the plan reflects your current intentions.

When does a codicil make more sense than writing a whole new will?
A codicil suits targeted, limited changes. When multiple provisions need updating, or the existing document already carries several prior amendments, a new will is typically the more practical and legally sound path.