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Will advice please

2 replies

Spices001 · 17/11/2023 16:31

Hi
My dad has decided he wants to revoke a will he made in Oct 2022 & revert to the terms in his original will made Feb 2019.
Does he need to make a new will or is there a way to revoke the latest will?
Many thanks for any help!

OP posts:
prh47bridge · 17/11/2023 17:04

The safest approach would be to make a new will.

RiverBear · 29/11/2023 10:35

Most Wills (that have been correctly drafted) include a provision at the top of the Will stating that previous Wills are revoked. So the 2019 Will will be revoked, and the latest Will won't be revoked until either a) a new Will has been drafted to replace it and includes a revocation clause, or (b) the latest Will is destroyed. Obviously, by destroying the Will, his February 2019 Will won't be re-validated and so he would need to draft a new Will so there's no point in destroying it.

Your dad may be able to prepare a Codicil instead of drafting a new Will if the changes aren't too drastic. A Codicil's purpose is to amend a valid Will. However, if most of the Will needs changing, then it's best to get a new Will drafted.

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