Alterations

If an individual wants to alter a paper will, they must do so using the same method that they used to create the original will. The alterations must be signed by the will-maker and witnessed by others.

Any changes that do not comply with the requirements may be ineffective, except for minor changes that do not change the will's meaning.

In the case of an electronic will, the will-maker must create a new will following the same rules used for creating the original electronic will. Section 54 explicitly states that the rules for making changes to a paper will do not apply to electronic wills.

Revocations

A will can be revoked in several ways, such as:

• making a new will,

• destroying the original will, or

• making a written declaration revoking all or part of the will.

The court can also determine if an act of the will-maker or someone else with their direction was intended to revoke the will.

An electronic will can be revoked by:

• deleting it or destroying a paper copy in front of a witness, or

• a written declaration revoking the will can be made in electronic form with an electronic signature

Accidentally deleting an electronic version of the will is not considered revocation.

Revocation by termination of a marriage

If a gift is made to a spouse in the will, and the will-maker and spouse are no longer married at the time of the will-maker's death, the gift is revoked and must be distributed as if the spouse had died before the will-maker.

Revival

A will that has been revoked can only be revived by another will that shows an intention to give effect to the revoked will or the part that was revoked.

If a partially revoked will has been wholly revoked and is revived by a new will, the revival does not extend to the part that was revoked before the revocation of the whole.

If a will has been revived by a codicil or by re-signing it in the presence of two witnesses, the will is considered to have been made at the time it was revived or re-signed.

A revoked will or part of a will cannot be revived except by order of the court if it's determined that the will-maker intended to give effect to the revoked will or part of the will, or by any other provision of the Act that recognizes the revival of a will.

BC Wills and Succession Act s. 54-57