Brian Hor, Principal, WillWorks®
Jennifer Maher, Special Counsel, Kliger Partners (Vic)
Caite Brewer, Callinan Chambers, Barrister and Angela Cornford-Scott, Director, Cornford-Scott Lawyers (Qld)
Morgan Solomon, Director Solomon Hollett Lawyers (WA)
Rosemary Caruso, Consultant, Tindall Gask Bentley Lawyers (SA)
Maria Dwyer and Christine Schokman, Senior Associates, Ogilvie Jennings Lawyers (Tas)
Andrew Freer, Director and Erin Bedford, Associate, KJB Law (ACT)
Revoking or altering a will
While the client is still alive they may revoke their will by executing a later valid will which expressly revokes or cancels the earlier will.
Certain acts, such as marriage and divorce, automatically revoke a will unless the will has been expressed to be in contemplation of the particular marriage or divorce. Divorce can also partially revoke a will, to the extent that it may benefit the former spouse or appoint the former spouse as an executor.
Altering (as opposed to revoking) a will can be achieved by the client making and signing a codicil, which amends the existing will.
The method by which a will is amended if the testator loses testamentary capacity is discussed. Further, the situation where the beneficiaries under the will do not agree with the distribution of the will maker's estate under the will is also discussed.
See Revoking or altering a will.