Revocation

If someone makes a will and their situation changes later on, this change alone does not automatically mean that they intended to cancel their will.

A will can be can only be cancelled by:

• the person getting married (unless the will specifically mentions that it was made in anticipation of this marriage),

• making a new will in accordance with the legal requirements,

• writing a statement declaring the intention to revoke the will, following legal requirements,

• destroying the will physically by burning, tearing, or any other means, with the intention of revoking it.

If someone gets married after making a will, the will is automatically revoked unless it specifically states that it was made in anticipation of that marriage or the will involves a power of appointment that would not otherwise pass to their heirs or beneficiaries.

Alterations

A will can only be revoked by marriage, by:

• executing a new will,

• executing a written declaration of intent to revoke the will, or

• by physically destroying the will.

Any changes made to a will, such as erasing or crossing out words, are only valid if they are made in accordance with the provisions of the Act.

An alteration must be:

• signed or initialled by the testator and the witnesses who originally signed the will, and

• the signature or initials must be placed near the alteration.

This is to ensure that any changes made to the will are made with the knowledge and approval of the testator and that the original intent of the will is not undermined.

Revival

a will, or any part of a will, that has been revoked cannot be brought back into effect except through a new execution of the will or through the use of a codicil.

• A codicil is a document that modifies, amends, or revokes an existing will.

If someone revokes part of their will, then revokes the entire will, and later revives it, the revived will only apply to the parts that were not revoked before the will was wholly revoked, unless there is evidence to show otherwise.

NWT WA s.11-13