Is making a minor change to my Will or Enduring Power of Attorney a straightforward process?
No, it isn’t!
Small changes can have a big impact – and they can impact a number of documents. For example, if you wish to reduce a child’s gift in the Will, the child may have a greater chance of an estate claim. If you want to replace an executor, maybe due to age or incapacity, they may have other roles, such as an attorney in your Enduring Power of Attorney. These seemingly harmless modifications can have significant legal consequences. Name changes due to marriage or divorce may also be critical.
Legal rules for re-signing must be followed – even if your change is very straightforward, your Will, Enduring Power of Attorney or other legal document will need to be re-printed and re-signed and witnessed in compliance with the legislative requirements to ensure that it is legally valid. ID and capacity checks must also be recorded.
You should not make changes by hand to your Will or other testamentary document. This will cause your Will to be ‘proved’ before the Supreme Court after you die to determine whether such changes were meant by you to have testamentary effect. This in turn will cause significant expense and time delays in administering your estate.