Alterations, Revocation, and Revivals

Alterations

Any changes made to a will after it has been signed are not valid unless the changes are made in the same way as the original will was signed.

If the changes are valid, then the new version of the will is considered to be properly executed as long as the testator's signature and the witnesses' signatures are in a margin or near the change, or at the end of the will with a note referring to the change.

You can't just cross something out or add new things to a will after it's been signed - you need to make the changes in the same way the original will was created and follow specific rules for adding the changes to the will.

Revocations

This passage is referring to how a will or a part of a will can be revoked (cancelled). A will can only be revoked in certain ways:

  1. By making a new will that specifically revokes the old will

  2. By creating a written statement that declares the intention to revoke the old will and following the same process as creating a will

  3. By physically destroying the will (burning, tearing, etc.) in the presence of the person who created the will or someone who is directed by that person to do so.

Revival

If a person's will or a part of it is revoked, it cannot be revived unless it is re-executed or revived by a new codicil (an addition to the original will) that shows an intention to revive it. If a will or a codicil is partially revoked and then wholly revoked, only the parts that were not revoked before can be revived, unless there is evidence of an intention to revive the revoked parts as well.

PEI Probate Act s.71-74