Are Verbal Changes to a Will Valid?
Q.
My parents made a Will in a lawyer's office, two years ago and in it, they asked to be cremated. They were leaving all their material possessions to their only child, myself. They have since changed their mind and want burial.
Together we made preplanned arrangements. They have not changed their Will. Does that make the Will Void or at their death will the Will stand?
A.
Having written a will, it is important that it is kept up to date. Circumstances change, and this document should reflect these changes. This is normally done either through the writing of an entirely new will, or through the use of a codicil, which acts as an alteration of the existing testament.
Verbal alterations to a will are a grey area legally. In the strictest sense, verbal alterations are just as viable as a codicil – that is, a written alteration to a will. In reality, however, they are very difficult to enforce. In order to make a verbal alteration as safe as possible, you should ensure that it is witnessed by at least one 'disinterested' individual. As you are the sole beneficiary of the will, it should not be difficult to find someone who does not have a legal interest in the will but who is willing to witness the change. Even then, however, the legality of verbal alterations are frequently questioned; memory is unreliable, and this can be grounds for a challenging of the will.
You have mentioned that you have made preplanned funeral arrangements with your parents. This would certainly make the verbal alterations more easily enforceable, as intent on your parents' part can be easily established. That said, although I am obviously not familiar with your personal situation, I am confused as to why you would not wish to make the alteration in written form. Attaching a codicil to the will is very easy. This will ensure that your parents' wishes are adhered to, and will minimise the possibility of the will being challenged – which can, as you can imagine, be traumatic for relatives. As such, you should seriously consider making a written alteration, if only for peace of mind.
As for the rest of the will, a challenge to one element, such as funeral arrangements, will not necessarily render the remainder invalid. If the original will is well formed then there should be no difficulty with enforcement; as long as it was well worded and the signatures were properly witnessed, the original document will stand as valid.
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