Changing A Will

Can I make a new will?

It is possible to change a will, you either change your will by doing a codicil or you simply write a new will. Most wills will start off by reciting that you're making the will and that you're revoking previous wills. Although that's what it says in the will, in point of fact, the reality in law is that a subsequent will, will revoke a previous will unless the contrary is stated in the will.

Can I physically change my will?

I assume by this question what you're talking about is a case where you've made a will, it's been properly done and you want to scratch out words, scratch out the beneficiary and simply add your initials in the margins. The answer is no, you can't. If you want to change the will, it's done by way of a document which is called a codicil, which is an amendment to the will. A codicil a document which is clear, properly executed in writing, signed by the testator and witnessed by two eyewitnesses.

Can I verbally change my will?

When it comes to changing a will, you cannot verbally change your will. The will in the first place is a document in writing, and it can only be varied by another document in writing.

What happens to my will if I get married or divorced?

Marriage revokes a will which was made by one of the parties to the marriage prior to that marriage. Divorce has the effect of making the reference to the other spouse which appears in the will, making that reference void. It's as if that spouse had died. There is also civil partnerships. The same rules would apply to civil partnerships. It is possible to make a will which is made in contemplation of marriage. Provided it's made in contemplation of marriage to a particular person and that marriage does take place within a reasonable period of time of the will being made, in which circumstances the will is not revoked by the subsequent marriage.

Can my will be contested after my death?

The will can be contested. There's an act, a 1975 act, the inheritance provision for family independence act, which sets out the rights of several classes of persons, including partners, or persons who have been maintained by the deceased to make applications to the court for proper provision out of the estate of a deceased person. There have been a few developments in this field in the last few years, particularly concerning surviving spouses and just provision for surviving spouses. The courts now tend to use the rules relating to divorce settlements for making provision for a surviving spouse. The surviving spouse may receive the majority of the estate. They might receive half the estate. It depends on the circumstances. Apart from major family members, it is also open to people who have been maintained by a deceased person to make application to the court for reasonable provision as well.