Amending a Will

Question 1

How can a will be amended after execution?

Answer 1

Through:

A codicil (minor amendments, signed and witnessed like a will).

A new will, explicitly revoking the previous one.

Question 2

What are the legal rules on alterations?

Answer 2

Under s.21 Wills Act 1837, an alteration is valid if:
It was executed like a will (signed and witnessed).

Question 3

How are invalid amendments treated?

Answer 3

Unsigned alterations are subject to a rebuttable presumption that the alteration was made post-execution and, therefore, are invalid.

If the original wording is still apparent but crossed out, and the testator did not validly substitute the original wording, the original gift will still stand and be admitted to probate, following the doctrine of dependent relative revocation.

If the original wording is no longer apparent following an alteration, the will is admitted with blank provisions.