Legal Definitions - ambulatory will

An ambulatory will refers to the legal principle that a will is not final or binding until the death of the person who made it (known as the testator). This means that the testator has the right to modify, amend, or completely revoke their will at any point during their lifetime, as long as they have the legal capacity to do so. The term "ambulatory" suggests that the will "walks" or "moves" with the testator, reflecting their changing intentions until their death makes it permanent and unchangeable.

• Example 1 (Changing Beneficiaries):

  Sarah created a will five years ago, leaving all her assets to her two adult children. Recently, she had a grandchild born and decided she wanted to include a specific bequest for her grandchild's education. Because her will is ambulatory, Sarah can legally draft a codicil (an amendment to a will) or create an entirely new will to reflect this change, ensuring her grandchild is provided for as she wishes.

  This illustrates the ambulatory nature because Sarah is able to change her beneficiaries and add new provisions *before* her death, demonstrating that her original will was not set in stone.

• Example 2 (Revoking Due to Life Changes):

  Mark drafted a will naming his spouse as the sole beneficiary. After several years, Mark and his spouse divorced. Mark then decided he no longer wanted his ex-spouse to inherit his estate. Exercising his right to modify his will, Mark executed a new will that explicitly revoked all previous wills and named his siblings as beneficiaries.

  Mark's ability to completely revoke his old will and create a new one after a significant life event highlights the ambulatory nature of wills, allowing him to adapt his estate plan to his current circumstances.

• Example 3 (Modifying Specific Bequests):

  A wealthy art collector, Mr. Henderson, created a will donating a specific painting to a local museum. Years later, he decided he wanted to sell that particular painting and instead donate a different, more recently acquired sculpture to the museum. Before his death, he updated his will to remove the bequest of the painting and substitute it with the sculpture.

  Mr. Henderson's action of altering a specific gift in his will before his death demonstrates that his will was not fixed but could be changed to reflect his evolving wishes regarding his property.