Can I Change My Will?
If you have already made your Will, we would recommend revisiting it on a regular basis to see if any changes are necessary. However, your circumstances have changed and you wish to amend something, you may be asking – “Can I change Will?” and “What are the steps to changing it?”
Here we will break down exactly how you can review and change your Will at any time.
Key Takeaways:
- You have the right to change your Will at any time or to create a new one to replace it.
- There are two ways to change your Will, the first is to create a ‘Codicil’* to the original Will, specifying small alterations. The second is to make an entirely new Will, replacing your existing one.
- A Codicil is more cost effective than making a new Will and is perfect for small changes.
- If you are making multiple alterations making a new Will would be advisable.
- Using an Expert Wills solicitor is advised for either choice to ensure changing your Will is performed correctly.
What is a Will?
A Will is a legal document stating your wishes for the disposal of your property, money and other assets following your death. It can be made at any time after your eighteenth birthday, provided that you have the mental capacity to make decisions. If, for example, you are suffering from dementia or serious mental illness, you may not be able to make a Will.
A Will is normally binding, if it has been correctly drawn up and witnessed, although it can be challenged if an individual believes it is unfair. The most common situation in which this might happen is if one of your children or an unmarried partner feels they have been unfairly left out, though there are other possible grounds for challenging a Will.
This is just one of the many reasons why instructing one of our Will experts can help ensure that your will is not dismissed or challenged.
Can I change my Will?
A Will remains valid indefinitely unless it is changed or replaced. However, as the ‘Testator’ (maker of the Will), you have the right to change your Will at any time or to create a new one to replace it.
There are two normal approaches;
- to create a ‘Codicil’* to the original Will, specifying small alterations.
- to make an entirely new Will, replacing your existing one.
In either case, this must be done in the correct way, just as with the original Will, to ensure that there are no grounds to challenge it.
*A ‘Codicil’ is a testamentary or supplementary document that allows you to make amendments to an existing Will.
Do I need to change my Will?
There are many reasons why you may wish to change your Will. Although the popular conception may be a family row and threats to “cut someone off”, however there are other, simpler causes such as:
- If someone named in your Will dies, it is generally advisable to make an alteration, even if you wish their share to go to their children.
- If extra children or grandchildren are born, you will need to specify what share of your estate they are to receive.
- If you get married, any Will you have made becomes invalid, and you must make a new one.
- On the other hand, a Will remains valid if you get divorced, so you may wish to change it.
These are just the most common circumstances for altering your Will, however, any change in your circumstances could be a reason to review your Will.
How do I change my Will?
A small change in your Will may be made by adding a ‘Codicil’. This is a legal document that specifies a variation to your Will, and should be made in essentially the same way as the original Will. This includes having it properly witnessed, although the witnesses do not have to be the original ones.
A typical example of a change might be having another child. The Codicil might specify that each reference to your children, Sam and Olivia should be altered to Sam, Olivia and Sophia.
If you have made a Codicil, be sure that it is kept together with the original Will, and that your Executor knows about it. This could avoid problems in the Probate process after your death.
Should I write a new Will?
A Codicil is more cost effective than making a new Will and is perfect for small changes. If you are considering making multiple alterations throughout, then interpreting the Will could be quite complex. In this case, it is usually advisable to make a new Will.
In general, the procedure is exactly the same as making the original Will, except that you need to specify that it revokes all previous Wills and Codicils.
How to make a Will or Codicil
Wills and Codicils are both complex legal documents that need to be made in exactly the right way, otherwise they could be judged invalid and cause issues later in life. It is important that you instruct a Wills expert, with a proven track record of writing and changing Wills.
Even though it can be tempting to use an online Wills tool, trusting a Wills expert when writing your Will gives you and your loved ones peace of mind now, and in the future.
Osborne Morris and Morgan’s Wills team can guide you through the process seamlessly. Get in touch with us to find out more about how to change your Will.
