Legal Tip 362: Making Small Changes to a Will

When a small change is needed to a will the testator should ideally go back to the lawyer that drafted the will and get them to change it. Then print out the will and get it resigned again. If they took their paper copy to another lawyer and asked them to do it, they wouldn’t have the word document that was used so it would need to be typed out again. Alternatively, they could ask the original lawyer for the word version and then get the new lawyer a copy – but even then they may not be happy with the wording and may want to make small changes it as they would be liable if things go wrong down the track. They may insist on a whole new rewrite.

Another option might be to get the new lawyer just to do a codicil for you. A codicil is a separate document to the will that amends the will – something like change clause 2 of the will to read

See

Legal Tip 67: Codicil - What is it and Why use one? Legal Tip 67: Codicil - What is it and Why use one?


Example

Homer gets his will done his lawyer Lionel Hutz. He does a fine job and one gift in the will goes to his mate Barney.

A few years later Homer no longer likes Barney. His new best friend is Ned and Homer wants to keep the will the same but just replace one beneficiary - from that of Barney to Ned.

Homer goes to a new lawyer who wants to charge for a whole new will so he goes and looks for Lionel Hutz, who is now in prison with his practicing certificate having been cancelled. During visiting hours Lionel suggests Homer go and find another lawyer and ask for a Codicil to be done. Lionel even drafts one on the back of a napkin, but the guards confiscate it from them.

 

Bletchley Park was the best codicil breaking place on earth.