Revocation by marriage

If a person who made a will gets married, the marriage automatically cancels the will, unless the will specifically mentions that it was made in anticipation of the marriage.

• the spouse can choose to inherit under the will by signing a written document within a year after the person's death and filing it in the probate court.

• if the will was made in the exercise of a power of appointment and the property appointed would not pass to the person's heirs or next of kin, the marriage does not cancel the will.

Alteration in circumstances

Just because someone's circumstances change after making a will, it doesn't mean that the will is automatically cancelled or revoked.

No one can assume that the person intended to cancel or change the will simply because their circumstances have changed.

Conditions for a Revocation

No will be revoked unless:

• a marriage occurs as listed above

• another will is executed

• some writing declaring the intention to revoke the will is executed

• the will is destroyed by burning, tearing, or otherwise

Effect of divorce on nullity

if someone makes a will and later gets divorced or their marriage is declared null, any parts of the will that give benefits to their ex-spouse, appoint their ex-spouse as executor or trustee, or give their ex-spouse a power of appointment is automatically cancelled, this is unless the will specifically state otherwise.

• The will is read as if the ex-spouse had already died.

Alteration of will after execution

if you draw lines across a will or make any changes to it after it has been signed, it won't be valid unless the changes are made in the same way as the original will. If the changes are made properly, the will can still be valid with the changes included.

• if you want to make changes to your will, you need to follow the rules for creating a new will, including signing it in the presence of witnesses.

Reviving a Revoked will

No revoked will be revived unless it is re-executed, or a codicil (an amendment) is executed under regulation

• if only parts of the will were revoked, the revival only applies to the part that was revoked

Effect of Conveyance

Any action taken after a will has been made does not affect the validity of the will unless the will is specifically revoked or amended.

Failed Devise

If someone creates a will and leaves property or something else of value to someone who is no longer alive when the person creating the will dies, or if the terms of the will are illegal or cannot be carried out, then that property or value will be included in any leftover parts of the will (called the "residuary devise").

NS WA s.17-22, 24