Changing or Cancelling a Will - Revision history

Drew Jackson at 03:14, 7 March 2019

2019-03-07T03:14:35Z

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	{{REVIEWEDPLS \| reviewer = [[Stephen Hsia\|Stephen Hsia]]\|date= January ~~2016~~}}{{Preparing Your Will TOC}}		{{REVIEWEDPLS \| reviewer = [[Stephen Hsia\|Stephen Hsia]]\|date= January 2019}}{{Preparing Your Will TOC}}
	== You can change your will after you’ve prepared it ==		== You can change your will after you’ve prepared it ==
	You should consider updating your will whenever your circumstances or wishes change. You can prepare a new will at any time. Or you can change the existing one by signing a separate document, called a '''codicil'''.		You should consider updating your will whenever your circumstances or wishes change. You can prepare a new will at any time. Or you can change the existing one by signing a separate document, called a '''codicil'''.

Drew Jackson at 03:06, 7 March 2019

2019-03-07T03:06:03Z

← Older revision		Revision as of 03:06, 7 March 2019
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	{{REVIEWEDPLS \| reviewer = [[Stephen Hsia\|Stephen Hsia]]\|date= January 2016}}{{~~Writing~~ Your Will TOC}}		{{REVIEWEDPLS \| reviewer = [[Stephen Hsia\|Stephen Hsia]]\|date= January 2016}}{{Preparing Your Will TOC}}
	== You can change your will after you’ve prepared it ==		== You can change your will after you’ve prepared it ==
	You should consider updating your will whenever your circumstances or wishes change. You can prepare a new will at any time. Or you can change the existing one by signing a separate document, called a '''codicil'''.		You should consider updating your will whenever your circumstances or wishes change. You can prepare a new will at any time. Or you can change the existing one by signing a separate document, called a '''codicil'''.
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	{{~~Writing~~ Your Will Navbox}}		{{Preparing Your Will Navbox}}

	{{Creative Commons for PLS		{{Creative Commons for PLS
	\|title = ~~Writing~~ Your Will		\|title = Preparing Your Will
	\|author =		\|author =
	}}		}}
	__NOGLOSSARY__		__NOGLOSSARY__

Elena Renderos at 07:22, 4 March 2019

2019-03-04T07:22:32Z

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	If you had a spouse at the time you made your will, and later separated from your spouse, your will is treated as if your spouse died before you. That is, any gift you left them will not be effective. As well, if you named your ex-spouse as your executor, the appointment would no longer be effective.		If you had a spouse at the time you made your will, and later separated from your spouse, your will is treated as if your spouse died before you. That is, any gift you left them will not be effective. As well, if you named your ex-spouse as your executor, the appointment would no longer be effective.


	{{Writing Your Will Navbox}}		{{Writing Your Will Navbox}}

Elena Renderos at 07:21, 4 March 2019

2019-03-04T07:21:54Z

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	{{REVIEWEDPLS \| reviewer = [[Stephen Hsia\|Stephen Hsia]]\|date= January 2016}}{{Writing Your Will TOC}}		{{REVIEWEDPLS \| reviewer = [[Stephen Hsia\|Stephen Hsia]]\|date= January 2016}}{{Writing Your Will TOC}}

	== You can change your will after you’ve prepared it ==		== You can change your will after you’ve prepared it ==
	You should consider updating your will whenever your circumstances or wishes change. You can prepare a new will at any time. Or you can change the existing one by signing a separate document, called a '''codicil'''.		You should consider updating your will whenever your circumstances or wishes change. You can prepare a new will at any time. Or you can change the existing one by signing a separate document, called a '''codicil'''.

Elena Renderos at 07:21, 4 March 2019

2019-03-04T07:21:46Z

← Older revision		Revision as of 07:21, 4 March 2019
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	{{REVIEWEDPLS \| reviewer = [[~~Helen Low~~\|~~Helen Low, QC~~]]\|date= January 2016}}{{Writing Your Will TOC}}		{{REVIEWEDPLS \| reviewer = [[Stephen Hsia\|Stephen Hsia]]\|date= January 2016}}{{Writing Your Will TOC}}
	[[File:writingyourwill-contents3.png\|thumb\|275px\|right\| link=\| <span style="font-size:50%;">Image via www.istockphoto.com</span>]]After [[Making Your Will\|making your will]], you should register it and keep the original in a safe place.

	== ~~Where should you keep~~ your will? ==		== You can change your will after you’ve prepared it ==
	You ~~need to keep the original of~~ your will in a ~~safe place that is fireproof, waterproof, and tamper-proof~~. ~~There is~~ a ~~presumption that~~ a ~~lost will has been destroyed and revoked, so take care in storing the will~~.		You should consider updating your will whenever your circumstances or wishes change. You can prepare a new will at any time. Or you can change the existing one by signing a separate document, called a '''codicil'''.

	~~{{PLSTipsbox~~		To be legal, the codicil has to meet the same requirements as a will. For example, it must be in writing, dated, and signed by you and two witnesses. You don’t have to use the same two witnesses you used for your will. The codicil must refer to the will (and previous codicils) it’s amending.
	~~\| text = Tell your executor where~~ you have ~~stored~~ your will. The ~~executor needs~~ to ~~know where it is, so that he or she can easily access it after your death~~.
	}}

	== ~~How do you register~~ your will? ==		== You can cancel your will ==
	You can ~~register~~ your will with the ~~provincial government’s [http://www2.gov.bc~~.~~ca/gov/content/life-events/death-and-bereavement/wills-registry Wills Registry]. The law does not require this step~~, ~~but it’s~~ a ~~good idea because it lets others know where~~ you ~~have stored the original copy of~~ your will.		You can revoke, that is cancel, your will. You could simply destroy the original will, with the intention of cancelling it. However, it is better to make a written declaration revoking your will. This document must be signed the same way you signed your will — by you with two witnesses looking on, and signing it themselves.

	To register your will, you (or your lawyer or notary public) need to file a Wills Notice with the Wills Registry maintained by the provincial government’s Vital Statistics Agency. The Wills Notice is a form that you fill out to say that you have made a will and the location of the will. You do not provide a copy of the will to the Wills Registry, just the Wills Notice.		A new will normally cancels any previous will. Even so, it’s common practice to include a '''revocation clause''' at the beginning of a will:
			:''“I hereby revoke all my prior wills and codicils.”''
	~~{{PLSTipsbox~~
	\| text = For the [http://www2.gov.bc.ca/assets/gov/health/forms/vital-statistics/vsa531_fill.pdf Wills Notice form] and filing instructions, see the [http://www2.gov.bc.ca/gov/content/life-events/death-and-bereavement/wills-registry Wills Registry] of the Vital Statistics Agency. Their contact information is:
	~~: Victoria: 1-250-952-2681~~
	~~: Toll-free: 1-888-876-1633~~
	~~: [http://www.vs.gov.bc.ca www.vs.gov.bc.ca]~~
	}}

	~~== Can you change your will after you've made it? ==~~
	~~You can make a new will at any time. Or you can change the will you’ve made by signing a separate document, called a '''codicil'''.~~

	To be legal, the codicil has to meet the same requirements as the will. For example, it must be in writing, and be signed by you and two witnesses. You don’t have to use the same two witnesses you used for your will. The codicil must refer to the will it is amending.

	~~== Can you cancel your will? ==~~

	~~Yes, you can cancel your will by:~~
	* destroying the original will (you must destroy it with the intention of revoking it), or
	* making a written declaration revoking your will, signed in the same way as a will (for example, signed by you and two witnesses).

	A new will normally cancels any previous will. Even so, ~~it is~~ common practice to ~~clearly provide for this by including~~ a '''revocation clause''' at the beginning of a will:

	~~:''“I hereby revoke all my prior wills~~ and ~~codicils~~.~~”''~~		== Getting married or divorced ==
			Neither marriage nor divorce of the will-maker cancels a will. The exception is if you married before March 31, 2014 (after which, there was a change in the law), and made a will before you got married. The law says your will would have been cancelled when you got married, unless the will said it was made in contemplation of your marriage.

	~~Neither marriage nor divorce of~~ the will~~-maker cancels a~~ will~~. The exception~~ is if you ~~married before March 31~~, ~~2014~~, ~~and made a will prior to~~ your ~~marriage. Your will would have been automatically cancelled on~~ your ~~marriage~~, ~~unless~~ the ~~will said that it was made in contemplation of your marriage~~.		If you had a spouse at the time you made your will, and later separated from your spouse, your will is treated as if your spouse died before you. That is, any gift you left them will not be effective. As well, if you named your ex-spouse as your executor, the appointment would no longer be effective.

	{{Writing Your Will Navbox}}		{{Writing Your Will Navbox}}

Elena Renderos: Elena moved page After Making Your Will to Changing or Cancelling a Will: Updated booklet

2019-03-04T05:55:17Z

Elena moved page After Making Your Will to Changing or Cancelling a Will: Updated booklet

← Older revision	Revision as of 05:55, 4 March 2019
(No difference)

Drew Jackson: /* Can you cancel your will? */

2017-04-24T23:11:33Z

Can you cancel your will?

← Older revision		Revision as of 23:11, 24 April 2017
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	A new will normally cancels any previous will. Even so, it is common practice to clearly provide for this by including a '''revocation clause''' at the beginning of a will:		A new will normally cancels any previous will. Even so, it is common practice to clearly provide for this by including a '''revocation clause''' at the beginning of a will:

	'': “I hereby revoke all my prior wills and codicils.”''		:''“I hereby revoke all my prior wills and codicils.”''

	Neither marriage nor divorce of the will-maker cancels a will. The exception is if you married before March 31, 2014, and made a will prior to your marriage. Your will would have been automatically cancelled on your marriage, unless the will said that it was made in contemplation of your marriage.		Neither marriage nor divorce of the will-maker cancels a will. The exception is if you married before March 31, 2014, and made a will prior to your marriage. Your will would have been automatically cancelled on your marriage, unless the will said that it was made in contemplation of your marriage.

Drew Jackson: /* Can you cancel your will? */

2017-04-24T23:11:20Z

Can you cancel your will?

← Older revision		Revision as of 23:11, 24 April 2017
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	A new will normally cancels any previous will. Even so, it is common practice to clearly provide for this by including a '''revocation clause''' at the beginning of a will:		A new will normally cancels any previous will. Even so, it is common practice to clearly provide for this by including a '''revocation clause''' at the beginning of a will:

	: “I hereby revoke all my prior wills and codicils.”		'': “I hereby revoke all my prior wills and codicils.”''

	Neither marriage nor divorce of the will-maker cancels a will. The exception is if you married before March 31, 2014, and made a will prior to your marriage. Your will would have been automatically cancelled on your marriage, unless the will said that it was made in contemplation of your marriage.		Neither marriage nor divorce of the will-maker cancels a will. The exception is if you married before March 31, 2014, and made a will prior to your marriage. Your will would have been automatically cancelled on your marriage, unless the will said that it was made in contemplation of your marriage.

Drew Jackson at 00:24, 10 April 2017

2017-04-10T00:24:00Z

← Older revision		Revision as of 00:24, 10 April 2017
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	You need to keep the original of your will in a safe place that is fireproof, waterproof, and tamper-proof. There is a presumption that a lost will has been destroyed and revoked, so take care in storing the will.		You need to keep the original of your will in a safe place that is fireproof, waterproof, and tamper-proof. There is a presumption that a lost will has been destroyed and revoked, so take care in storing the will.

	{{PLSTipsbox		{{PLSTipsbox
	\| text = Tell your executor where you have stored your will. The executor needs to know where it is, so that he or she can easily access it after your death.		\| text = Tell your executor where you have stored your will. The executor needs to know where it is, so that he or she can easily access it after your death.
	}}		}}

Drew Jackson at 17:32, 27 January 2017

2017-01-27T17:32:13Z

← Older revision		Revision as of 17:32, 27 January 2017
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	{{REVIEWEDPLS \| reviewer = [[~~People's Law School~~]] \|date= January 2016}}		{{REVIEWEDPLS \| reviewer = [[Helen Low\|Helen Low, QC]]\|date= January 2016}}{{Writing Your Will TOC}}
	{{Writing Your Will TOC}}
	[[File:writingyourwill-contents3.png\|thumb\|275px\|right\| link=\| <span style="font-size:50%;">Image via www.istockphoto.com</span>]]After [[Making Your Will\|making your will]], you should register it and keep the original in a safe place.		[[File:writingyourwill-contents3.png\|thumb\|275px\|right\| link=\| <span style="font-size:50%;">Image via www.istockphoto.com</span>]]After [[Making Your Will\|making your will]], you should register it and keep the original in a safe place.