Article
Revocation of Will
Revocability of a Will
A will is revocable at any time before death. It may also be revoked in the following situations:
1.1 By Marriage (Section 13)
- Marriage automatically revokes a will unless the will was expressly made in contemplation of that marriage.
- Divorce does not revoke a Will.
1.2 By Destruction (Section 15(d))
A Will can be revoked by being intentionally destroyed by the testator (or by someone else in the testator's presence and by their direction).
1.3 By a New Wll (Section 15(b))
A new Will may revoke an earlier will:
Express Revocation: The new Will clearl states that all previous wills are revoked.
Implied Revocation: The terms of the new Will are incosistent with the earlier will, so they cannot stand together.
1.4 By a Duly Executed Revocation Document (Section 15(c))
A will may be revoked by a document executed in the same manner as a will, expressly declaring an intention to revoke the existing will.
Alterations to a Will
- The testator and the same 2 witnesses must sign or initial next o the alteration.
It is not advisable to alter the original will because:
- Unauthorised persons could manipulate the testator's or witnesses' signatures.
- A Will with unxplained or suspicious alteration may not be ganted probate
