Hello, I am trying to seek additional information regarding updating a Will . My question is , every time I update or change my will, do I need to go after the witness every time to re sign? How do I go about changing, updating without having to get them re signed. Thanks.
In South Africa any changes to a Will requires witnessing to be valid. Below are the ways to update your Will in accordance with South African law:
Handwritten changes to original will
You can make changes directly to your Will, e.g. cross out parts and rewrite others. In South African law these changes must be initialed by the testator and two witnesses, who must be at least 14 years old and not interested parties. This method is not recommended as there may be disputes about the validity of the Will.
Codicil with multiple codicils
This involves drafting a separate document to amend specific parts of the original Will, eg “Amend section 3(i) to leave everything to my son, George”. In South African law, a codicil must follow the same formalities as a Will, including being signed by the testator in the presence of two witnesses to be legally valid. The term ‘codicil’ originates from the Latin word for a small writing tablet, emphasizing its role as a piece of writing material used to modify a larger document like a will.
There is no legal limit on how many codicils one can create, but having multiple codicils may lead to confusion or contradictions.
Adding multiple codicils can create confusion or contradictions regarding the testator’s intentions, potentially complicating the clarity of the will and making it subject to contestation in court.
Definition of a Codicil
A codicil is a legal document that acts as a supplement to an existing will, allowing individuals to make changes, additions, or modifications to their original will without having to create a new one. It is a separate document that adds to or changes the terms of the original will, and it must be executed with the same formalities as the original will. A codicil can be used to update the names of beneficiaries, change the distribution of assets, or modify the appointment of an executor or trustee.
When to Use a Codicil
A codicil is typically used when an individual wants to make minor changes to their existing will, such as updating the names of beneficiaries or changing the distribution of assets. It is not recommended to use a codicil for major changes, such as adding or removing beneficiaries, changing the distribution of assets significantly, or getting divorced. In such cases, it is better to create a new will that reflects the changes. A codicil can also be used to add a new provision to an existing will or to clarify ambiguous provisions.
Creating a Valid Codicil
To create a valid codicil, it must be signed and witnessed in the same way as the original will. The codicil must be executed with the same formalities as the original will, and it must be signed and dated by the testator (the person making the will). The codicil should also be kept with the original will, and it is recommended to inform the executor and any other relevant parties about the changes made to the will. It is also important to note that a codicil can be used to revoke a previous codicil, but it cannot revoke the entire will.
New Will
A new Will is recommended when making big changes. Services like LegalWills.co.za allow you to log in, make changes and print your revised Will. This document must be signed in front of two witnesses as required by South African law. If your Will was drafted by a lawyer the process can be more complicated and expensive, with fees varying per amendment.
The witnesses play a big role in verifying that you are signing the Will freely and with full knowledge and without pressure from outside. This applies to the original Will, a codicil or handwritten changes.
Alternatives to a Codicil
If an individual wants to make significant changes to their will, it is recommended to create a new will that reflects the changes. A new will should include a statement that revokes all previous wills and codicils, and it should be executed and signed according to state law. Destroying the old will by burning it or tearing it up is also recommended to avoid any confusion. Online tools are available to make creating a new will easier and more convenient.
He has over 20 years of experience helping people to write their Will and other estate planning documents. He has been interviewed by many of the major news media outlets and has contributed to articles in most leading publications. He has also contributed to a number of financial planning books.
Throughout his career, Tim has written extensively on the subject of Will writing and estate planning.
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