Making a Will is one of the most important things a person can do. Everyone nineteen years or older should have a will. A Will ensures that your wealth and assets will be distributed in accordance with your wishes. A Will also protects your spouse or family from unnecessary expenses or taxes.
For a Will to be valid, it must be prepared properly and follow certain formalities. It must be signed at the end by the person making the Will and the signature must be witnessed by two other individuals, present at the signing at the same time. If a Will is not signed and witnessed properly, it may be invalid. Changes to an existing Will must also follow proper procedures to ensure validity.
As a general rule, changes in a person’s circumstances after they make a Will do not revoke it. Thus, if a person was to divorce, and they had a Will drawn up while they were married, the Will would still be valid. However, as a result of the Wills Act, a marriage will automatically revoke any previous Will. Therefore, anyone who marries, or remarries, should make a new Will as any previous Will is no longer valid.