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Amendments and permanence
06 May 2020  | Tiaan Du Plooy
 

A testator/ testatrix are free to revoke or alter his or her at any time before their death. If you thought you had a fundamental right to inherit, you may want to think again and play nice until the end!

Amendments to a will are regulated by section 2(1)(b) of the Will Act. Amendments include any deletion, addition, alteration or interlineation. An amendment made via a codicil, which is a schedule or annexure to an existing will, must follow the same rules as those for drafting a valid will. The witnesses to a codicil do not have to be the same as the witnesses of the will.

The amendments of a will are regulated by section 2(1)(b) of the Will Act and this may include the following:

  • Any deletion
  • Addition
  • Alteration
  • Interlineation

It is important to remember, when an amendment is made via a codicil (a schedule or annexure to an existing will) must follow the same rules as those for drafting a valid will. The witnesses signing the codicil do not have to be the same as those who signed the will.

Amendments made on the will itself must be:

- Identified by the signature of the testator or such person signing on his behalf.

-The signature must be made as close as possible to the amendment

-The signature must be made in the presence of two witnesses who are present at the same time.

 -The witnesses must also sign as close as possible to the amendment.

 -If the amendment is signed via a mark, thumbprint or a delegated person, then the commissioner of oaths must also satisfy himself as to the intentions and identity of the testator, and must certify the amendment.

Should a testator wish to delete his or entire will, this will amount to a revocation, and the requirements of section 2(1)(b) of the Wills Act will not apply. A will may be revoked by the execution of a new will which expressly revokes the former, or through the destruction of a will with the accompanying intention of revoking it.
 
 
 
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