Changing/revoking a will

Question 1

What are the valid ways of changing a will?

Answer 1

Via a CODICIL (same formalities as a will),
or if the changes are made BEFORE EXECUTION OF WILL (b4 signed),
or AFTER EXECITED BUT properly attested (ie 2 witnesses, signature etc - look for signatures next to alterations)

Question 2

What is the effect of an invalid amendment?

Answer 2

Reverts to original gift if words still apparent, but if unclear the will stays valid but gift fails.

Question 3

What are the 2 main ways of revoking a will

Answer 3

Automatic revocation by law

Deliberate act of the testator

Question 4

When does automatic revocation by law occur

Answer 4

Upon marriage/CP, full revocation occurs (unless express statement to the contrary- BSG)
Upon divorce, partial revocation occurs, so gifts to spouse/CP revoked. law treats spouse/CP as having died on date of divorce, so if they’re an executor/trustee in will, this is revoked too.

Question 5

How can a testator deliberately revoke their will (2 ways)

Answer 5

1) express wording in later will/codicil - eg “I hereby revoke all previous wills and testamentary dispositions
made by me”.
2)Destruction - ““by burning, tearing or otherwise destroying….by the testator or by some other person in his presence and by his direction with the intention of revoking the same” (Wills Act 1837, s 20)

Question 6

When are alterations ineffective (BSG)

Answer 6

1) unattested and made by testator after execution and not amounting to obliteration
2) made by someone other than testator and without their knowledge/approval

Question 7

Common eg’s of insufficient acts of destruction

Answer 7

• writing ‘cancelled’ or ‘revoked’ on it
• putting a line through parts of it
• partial destruction UNLESS substantial or vital part destroyed (eg signatures)
• destruction by someone other than testator not in presence and direction of testator