Alterations before and after execution Flashcards
What options of amendment does a testator have?
New will, Codicil to existing will, Manuscript amendment to original will
What is the best option and why?
An entirely new will – lower costs compared to later disputes
What is the law on amending will or codicil by hand after execution?
No post-execution alteration is valid unless executed like a will; original words must remain apparent
What are the types of handwritten alterations?
Obliteration (crossed out), Interlineation (writing between lines), Other alterations (e.g., asterisks)
If alteration is made after execution, is it valid?
No
Are alterations made prior to execution enforceable?
Yes
Issue with alterations made prior to execution?
Determining exactly when the alteration occurred
What evidence could personal representative produce regarding the will?
Affidavit evidence of state and condition of the will
What if alteration is executed like a will?
Then it becomes valid
Do the witnesses of an alteration need to be same as original witnesses?
No, they do not
Do witnesses to alterations need full signatures?
Initials are sufficient
Advice to testators making manuscript amendments?
Execute amendment formally as a will
Should manuscript alterations be attested?
Yes
How to confirm manuscript amendment if not attested?
Re-execute amended will as a whole, or execute a codicil affirming the amended will
What should be expressly provided in attestation or codicil affirming amendment?
Explicit description of manuscript amendment and its content
Exception to rule that unattested alterations are invalid?
Completion of blank space presumed before execution
Effect of obliteration of a clause in a will?
Presumed intention to revoke
When is obliteration effective for revocation?
When original wording is not apparent
Meaning of ‘apparent’?
Original wording decipherable by natural means (reading or holding up to light)
If testator did not intend revocation by obliteration?
Extrinsic evidence allowed to establish original wording; infrared technology permitted
Effect of conditional obliteration (e.g., replacing £500 with £100)?
Original wording admitted to probate unless substitution executed correctly; court assesses intent
When are manuscript amendments appropriate?
Minor corrections (typos, names), or urgent amendments when codicil/new will can’t be immediately prepared
