Attorney
People are reluctant to write a will because they think they can never change it. A will is not forever. It can be changed by a new document called a Codicil. As long as the person has a normal state of mind, the Will can be changed. This applies even if the Will has been filed with the Register of Wills.
Basically, a Codicil is a document that looks like a short will. The beginning of the Codicil identifies what it is, the middle of the document makes the changes, and the end of the Codicil is signed the same way the will is signed.
Here is a typical situation. The person had their will written years earlier. In the client’s Will, she designated her best friend as the recipient of her residence. Just recently, the client learned that the pal did something really bad that permanently ended the relationship. Now, the client does not want her former friend to receive anything from her. How can the client stop her former friend from receiving the home under the will?
The client assumed that since her Will was already signed and filed with the Register of Wills, it couldn’t be changed.
The lawyer explained the options:
Revoke the Will entirely and write a new Will.
Revoke the Will and don’t write a new Will. When the client dies, whatever happens, happens.
Write a Codicil.
And all this can be done even if the Will if filed in the Register of Wills.
Some final thoughts.
The client can do as many Codicils as she wants. At some point, it becomes confusing, so a brand new will is probably best.
The client doesn’t have to tell anyone that she changed her will with a Codicil.
If you sell or give away the home while you are alive, there is nothing for the Will or the Codicil to act on, so the friend gets nothing, regardless of what is in the Will or Codicil.