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  • Chloë Jane Fawcett LLB (Hons), DPLP

What happens to my old Will?

Having a new Will drawn up often just requires changes being made to an older Will. However, it must be drawn up on a new document and must be signed and witnessed correctly. When you make a new Will, your old Will is revoked. However, you should ensure that your new Will contains a Revocation Clause.


What is a Revocation Clause?


A revocation clause will often always be the first clause of a Will, and one of the most important clauses in your Will. This clause revokes all previous Wills and determines this, most recent document, as your Will.


If you wish to make changes or additions, you cannot just write these into your current Will, as this is viewed as an alteration made after the signing and will not be legally binding.


It is extremely important when updating your Will to draft a new Will which includes those changes and then have it signed and witnessed properly. We would always recommend having any changes to your Will done by a professional. They will draft your new Will and once you have signed it, they will verify that you have done so correctly, that way you will have peace of mind that your Will reflects your current wishes and that it is legally binding.


How can I change my Will?


There are two legally binding methods of changing your Will in Scotland:

  • A codicil.

  • Drawing up a new Will.

Codicil

A codicil is a legal document which allows you to make amendments to your Will. The amendments are written in the codicil which is signed and witnessed in the same way your Will was.


Initially, it may seem like a quick and easy method to update your Will. However it should only be used for small amendments to avoid confusion or ambiguity. This can create a risk of potential legal disputes when trying to divide your estate. If you do wish to create a codicil, it is imperative to have it drawn up or checked by a professional.



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