Key Takeaways: Protecting Your Final Wishes
- The Risk of DIY Changes: Manual scribbles or unwitnessed amendments can lead the court to refuse probate, as seen in the case of "Beryl".
- Use of Codicils: A codicil is a standalone, supplementary document used to make valid changes to an existing will.
- Formalities Matter: Codicils must be correctly drafted, signed, and witnessed exactly like a primary will.
- When to Review: Legal guidance is recommended during major life events such as marriage, separation, or the birth of grandchildren.
- Optimal Strategy: Creating a completely new will is often the safest way to ensure compliance with court requirements.
Beryl passed when aged in her 90s, leaving a will that had been signed years prior.
Beryl had lost her husband since signing her will. In the time leading up to her death, manual amendments were made to change various aspects of the will including executors, beneficiaries and bequests.
The court refused to accept Beryl’s will as valid for a grant of probate. Among other issues, it could not be proved who changed the will, the changes had not been signed by Beryl, and there were no witnesses to the changes.
The cautionary tale is that, once made, wills should be left intact.
Amendments to wills can be made through codicils. A codicil is a supplementary document to an existing will. It is separately drafted as a stand-alone document referencing changes to a will signed previously. The rules that apply to wills also apply to codicils. They must be correctly drafted, signed and witnessed, and legal advice is always recommended. Had Beryl expressed the changes to her will through the use of a codicil, her will would likely have been approved by the court and probate granted.
Better still, when wills need to be reviewed, a new will made with relevant updates and legal advice in accordance with the testator’s wishes and current circumstances is the optimal way to ensure wills comply with court requirements for Probate to be granted.
Instances where wills should be reviewed include marriage, separation, the passing of executors or beneficiaries, children reaching adulthood, the birth of grandchildren, and de-registration of charities benefitting from the testator’s will. Legal guidance and advice is always recommended.
