A testator may make multiple codicils but if a number of changes have already been made then consideration should be given as to whether a new Will should be prepared. As well, a testator may prefer to make a new Will rather than proceeding with a codicil if he or she does not want others to know of the changes being made. An obvious example of this might be where a testator is changing the distribution of his or her estate. A Will and any codicil thereto becomes a public document if it is probated, or if a copy is required to be registered at the Land Registry Office in order to facilitate dealings with any real property. As well, the Rules of Civil Procedure require that all residual beneficiaries receive a copy of the complete Will as well as any codicils. In certain circumstances, preparing a new Will may avoid hard feelings, or unwelcome questions as to why changes were made.
With the exception of holograph and active service Wills, any changes made to a Will while it is being reviewed prior to its original execution should be initialed by the testator and both witnesses next to the alteration. Once a Will has been executed, however, caution must be taken in making any further changes to the original document. The SLRA stipulates that, again with the exception of holograph and active service Wills, any alteration to a Will after it is executed requires the signature of the testator as well as two witnesses. The witnesses need not be the same two that witnessed the original execution of the Will, but they cannot be a beneficiary under the Will or be the spouse of a beneficiary under the Will. It is important to note that if the foregoing requirements are not met then the purported alterations to the Will will have no effect.
If all or part of a Will has been in some manner revoked, the revoked portion(s) can be revived. The SLRA provides the following methods of revival:
- by the execution of a valid Will showing an intention to give effect to the revoked Will or revoked provisions;
- by the execution of a valid codicil showing an intention to give effect to the revoked Will or revoked provisions; and
- by re-execution of the revoked Will in accordance with the requirements of the SLRA.
If a revoked Will or portions thereof is validly revived then, pursuant to the SLRA, such revived Will or portions thereof is deemed to have been made at the time of the revival and not at the time of original execution.
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