LEGAL PERSPECTIVE: CODICILS AND CHANGING A WILL by Dr AbdelGadir Warsama, Legal Counsel

Dr AbdelGadir Warsama, Legal Counsel

A will is a legal document directing how estate should be distributed after the death of the testator. However, a will not become effective until the testator dies. As a result, to this, many people make changes in their existing wills several times during their lives. It is a good idea to review your will periodically and change it when necessary. You may need to change your will because of changes in the law, in the family, or a change in your assets or liabilities. Generally, there are five reasons to change a will. This change could take place by amendment, destruction, drawing new one, change of circumstances and by operation of the law.

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An amendment to a will that changes one or more of its provisions is known as “codicil”. A codicil may either be added to the will it changes or to be drawn on a separate paper. A codicil is used when minor changes are needed, and a codicil must be prepared with the same formalities of the will to be changed.

Destroying or mutilating a will revokes it, if this should be done by the testator himself. This revocation is usually done when a new will is drawn, so that there can be no doubt as to which will is effective.

A new will ordinarily revokes a prior one and it is preferred to have new will when there are many changes. While not required, it is better to state in a new will that it revokes prior wills and codicils. A will may automatically be changed by a change in circumstances as death of beneficiary. If the testator disposes of property that is named in the will and that property does not exist at the testator’s death, the will provision becomes ineffective.

A will may automatically be changed by law because of children born after the will was executed or of marriage or divorce. A bequest to children includes all children born after the will was executed, it being presumed that the testator would have intended to provide for such children but simply failed. In general, marriage after a will is executed changes the will because by law a spouse is entitled to certain share. Moreover, a bequest to a spouse is usually unenforceable if a divorce occurs after the will is executed.