Alterations (Before and After Execution)

Question 1

What is required for a manuscript amendment made after execution to be valid?

A. The amendment must be signed by a solicitor
B. The amendment must be signed by the testator and two witnesses in accordance with section 9 Wills Act 1837
C. The amendment must be written in capital letters
D. The amendment must be retyped and dated

Answer 1

B
The amendment must be signed by the testator and two witnesses in accordance with section 9 Wills Act 1837.
Amendments made after execution are only valid if properly attested as per section 9.

Question 2

What is the presumption about manuscript amendments where timing is unclear?

A. They are presumed to have been made after execution and are invalid unless proven otherwise
B. They are presumed valid if written neatly
C. They are presumed to be made by a solicitor
D. They are presumed valid if the testator initialled them

Answer 2

A
They are presumed to have been made after execution and are invalid unless proven otherwise.
This rule comes from Cooper v Bockett and can only be rebutted with evidence.

Question 3

John writes “£750” into a blank space in his will before signing it. What is the legal effect of this?

A. The amendment is presumed to have been made before execution and is valid
B. The will must be re-executed
C. The amendment is invalid unless a codicil is made
D. The amendment is ignored

Answer 3

A
The amendment is presumed to have been made before execution and is valid.
Filling in a blank space is presumed valid unless there is evidence to the contrary.

Question 4

A testator crosses out a legacy to a cousin and writes a new amount by hand without witnesses. What is the outcome?

A. The change is automatically valid
B. The new amount takes effect if written in blue ink
C. The new amount is valid if written by a solicitor
D. The original gift remains effective because the change is invalid

Answer 4

D
The original gift remains effective because the change is invalid.
An unattested post-execution amendment is ignored unless it complies with section 9.

Question 5

What is obliteration in the context of will amendments?

A. Crossing out or removing text so it is illegible
B. Highlighting part of the will
C. Adding new words in capital letters
D. Inserting a new sentence in the margin

Answer 5

A
Crossing out or removing text so it is illegible.
Obliteration can be effective revocation if the original words are no longer apparent.

Question 6

A testator obliterates a legacy and the original wording is no longer visible. There is no attestation. What is the likely outcome?

A. The gift stands because the change was not signed
B. The obliteration is valid and the gift is revoked
C. The gift is altered to a reduced amount
D. The gift passes to the state

Answer 6

B
The obliteration is valid and the gift is revoked.
If the original wording is not apparent, it is presumed the testator revoked the gift.

Question 7

If an amendment has been made and initialled by the testator and two witnesses, what is the effect?

A. The amendment is ignored because initials are not enough
B. The will must be re-executed
C. The will is invalid
D. The amendment is valid and takes effect

Answer 7

D
The amendment is valid and takes effect.
Initials are acceptable under section 9 provided the requirements are otherwise met.

Question 8

A testator obliterates a legacy and writes “£100” in its place. The new figure is not attested. What is the likely outcome?

A. The gift is changed to £100
B. The original gift may still be effective if extrinsic evidence confirms the wording
C. The new amount is valid if signed by a solicitor
D. The whole will is invalid

Answer 8

B
The original gift may still be effective if extrinsic evidence confirms the wording.
This is a case of conditional revocation — the revocation fails if the substitution is invalid.

Question 9

Which of the following is a valid method of giving effect to a manuscript amendment made after execution?

A. Having the testator initial the change in private
B. Having only one witness sign it
C. Executing a codicil confirming the amendment with specific reference to it
D. Asking the executor to approve it

Answer 9

C
Executing a codicil confirming the amendment with specific reference to it.
A codicil can validate post-execution amendments if it explicitly refers to them.

Question 10

What is the safest advice for a client wanting to change their will?

A. Use a pencil to cross out parts they want to change
B. Write on the will and get one witness
C. Add sticky notes with changes
D. Make a new will or formal codicil

Answer 10

D
Make a new will or formal codicil.
This avoids disputes and ensures changes are legally effective.