There is usually the issue of one writing and preparing a Will at a particular age and some years later he/she acquires the new property. For instance, Mr. Jide wrote and prepared his Will when he was 60 years of age. The same Will was sealed and lodged at the Probate Registry. Then he bought new land and built a four-bedroom apart before age 65. It is true that this particular property is not included in the Will he wrote, what then should Mr. Jude do?
Not a problem at all. There is something called “A CODICIL”. This is a supplementary Will” usually written by a testator to add to, alter or revoke the earlier Will. So, we can say that it is like an attachment to a Will. This means, there is the initial Will, but when the Codicil is written, the testator can state the new property, and to who he/she intends the said property to be given. The Codicil can also be used when there is also a new beneficiary, for instance, a child is born after the initial Will was written. A Codicil can be used to reflect the new beneficiary.
You might ask, “why not withdraw the first one from the Probate Registry and replace it with this new one?” The answer to your question is simple, once a Will is lodged it cannot be withdrawn from the registry, it cannot also be opened by anyone until the deceased is dead and there is an application to the Probate Registry for the reading of the Will. Note: there must be evidence of the testator’s death before the Registry.
Another good thing to note is that the law actually allows you to put a clause in your original Will which covers the property not yet acquired.
However, I advise naming each property one after the other for clarity’s sake, so a “Codicil” is advisable.
So What If I Decide To Change What I Wrote In My Will?
Amendment of a Will is possible as a change of heart is allowed. I mean, it’s your Will and you are allowed to do with as you please as long as you are alive. Take our case study, for example, Mr. Jide might have written his Will at one time, probably before all his children went to the United States of America, and the Will clearly states the name of his children and the properties he intended them to have. While he was sick, it became obvious to him that only two of his children and probably his nephew really cared. He is at liberty to amend his initial Will. Or, he probably impregnated a lady who gives birth to a child, he is at liberty to amend the Will to reflect his new child. That might mean reducing the quota he had initially given to one of his children.
It is thus normal for an individual you once believed to be of impeccable character to change over the years, or for something to come up that would warrant you amending/changing the details of your Last Will.
What should Mr. Jide do?
Simple, he can either get his lawyer to prepare a Codicil for him or prepare a new Will. Although I advise that a new Will is only necessary where there are too many Codicils to a Will. So, when there are too many amendments (whether adding a new property, a new beneficiary, or removal of a particular name or property) that required different Codicils and hence making the Will in itself look too cumbersome, stressful, or untidy, it is better to write a New Will.
So, what I am saying is that when the need arises, a new Will can always be written by the testator. Still, there is no way you can retrieve the old Will that has already been lodged at the Probate Registry.
The common practice here is that when you opt for a new Will, it is best that the new Will should contain a “Revocation clause” that revokes all Wills (peradventure he wrote more than one) before this one. The intention to revoke the earlier Will must be clear.
Your Lawyer must state that this Will cancels/revokes any other Final Will and Testament written before this current one. Thereby nullifying all before it. Peradventure your lawyer neglects to do that, I do not believe this poses any problem too. The law on this issue is clear and it thus states, that when there are two Final Will and Testament of one deceased, that latest (current) supersedes. I had one time followed a client to a Probate Registry to apply for the reading of his late father’s Will, we were there informed that the said Will could not be read, as it was discovered that there was a more recent Will. Simple.
So that fear is covered.
The truth is, there is nothing like proper documentation, as our elders say, the dead tell no tales. So, say you now, for the benefit of those you really love.
