Alterations

Any changes made to a will after it has been signed must follow specific rules in order to be considered valid. Simply crossing out or writing in new information on a will is not enough to make the changes legally binding.

If a change is made to a will, it must be:

• signed and dated in a specific manner, either in the margin of the will or in a separate memorandum,

• with witnesses signing as well.

However, if the testator (the person who made the will) writes the changes themselves in their own handwriting, and signs and dates them, they do not need witnesses.

Additionally, if a lawyer is one of the witnesses and takes appropriate steps to verify the identity of the testator and confirm the changes, they may witness the changes electronically.

Revocation

A will can only be revoked by:

• another valid will,

• a written declaration of intention to revoke the will that meets certain requirements, or

• by physically destroying the will with the intention of revoking it.

The witnessing of a revocation can be done electronically under certain conditions, such as having a lawyer as a witness and verifying the identity of the testator.

A will is not revoked by presumption unless certain events occur, such as a divorce or separation from a spouse.

Effect of Divorce

Where there is a divorce, a marriage is found to be invalid, or a married couple stops living with their partner for at least 24 months:

• any parts of the will that give things to their spouse or name their spouse as someone in charge of their things (like an executor or trustee) are cancelled unless the will says otherwise.

Revival

A revoked will can be revived by a new valid will or codicil that shows the intention to give effect to the original will.

The witnessing of a new will or codicil can also be done electronically under the same conditions as above.

SK EA s.11, 16, 19, 20