HOW TO MAKE OR CHANGE A WILL ?

The maker of a will, or testator, can alter, update or revoke a will at any point during his lifetime. He can make modifications to the existing will by using a codicil, which is an amendment to a new will, or by writing a new will. The codicil can be used if a new asset is acquired after penning the original will and needs to be bequeathed. It can also be used to change any term of the existing will. A fresh will supersedes the existing one and takes effect from the date of writing it. The procedure for writing a new will is identical to that of the first one. 

Form

A codicil or a new will must be in writing, should be dated and duly signed by the testator. It should be attested by two witnesses in the presence of the testator.

Contents

The codicil or the new will should contain basic personal details to identify the testator, as well as the names and addresses of witnesses, executor, and trustees. It must also contain all the details as it supersedes the earlier will. The bequests made in the original will, even if they are unchanged, have also to be included in the new will. 

Revocation clause

A new will should always include a revocation clause, which explicitly states that all other existing wills written by the testator are revoked and replaced by the new will. 

Points to note

If the existing will has been registered, the codicil or fresh will (as the case may be) also have to be registered.

It is not necessary for the witnesses who signed the earlier will to act as same for the codicil or new will.

While making a new will, it is best to destroy all the existing wills.

Source: ET