4. Can the testator have more than one Will at the same time?

4. Can the testator have more than one Will at the same time? 

Yes. It is possible to make a second will to stand cumulatively with the first will (assuming the contents therein are not inconsistent). 

However, an issue may arise in relation to whether a later will was intended by the testator to supersede an earlier will. A will is revoked by a later will which contains an express revocation clause under s.13(1) of the Wills Ordinance (Cap. 30).  The question becomes whether or not the will contains a revocation clause.  It depends on the words used in the wills and their interpretation. 

If a later will does not contain an express revocation clause, but the content therein is inconsistent with an earlier will, the later will is presumed to have revoked an earlier will, either wholly or in part.

Complications arise where there is no express revocation clause but the will refers to “my old/ previous/ former/ replaced/ cancelled will“. Such phrases should be avoided if the later will is not intended to revoke the earlier will.