Changing a Will

The process of changing a will depends on the type of will you already have.

There are two general types of wills. Firstly, you might have a typewritten will usually drafted by your lawyer. This type of will is signed in the presence of two witnesses [who are not also beneficiaries] and who must also sign at the same time as you do. . These witnesses saw you sign your name. Their signatures will appear beside your own.

Alternately, you might have a will written entirely in your handwriting. This is called a holograph will. Holograph wills do not need to be witnessed, though they do need to be signed and dated by you.

There are two ways you can make changes to either type of will. Firstly, you can have your lawyer prepare a typewritten addendum that will be attached to your original will and signed in the same way – two witnesses who are not beneficiaries must watch you sign your name to the document. This document is called a codicil.

A codicil can be useful where there are minor changes to be made and no confusion could result.
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The other option is to write a holograph codicil. This document would be written entirely in your handwriting, just like a holograph will. Witnesses are similarly unnecessary in this case.

A holograph will or codicil is not recommended as they can create confusion and possibly litigation.

A typewritten will can be accompanied by a holograph codicil, and, vice-versa, a holograph will can be accompanied by a typewritten and witnessed codicil. It is very important to note, though, that the above is for your information only – it is very important to seek out the advice of a lawyer if you would like to make changes to your will to avoid any difficulties in the administration of your estate after your passing. Do not, under ANY circumstances, write on or mark-up your original will, be it either holograph or typewritten. This may, in some cases, make your will invalid.

It is generally advisable to consider making an entirely new will. This is especially so where there are numerous changes. This might eliminate future confusion as your wishes are contained in the one new original will. There is no need to refer to other documents such as a previous will or codicil(s)