Will Amendment - Alterations Flashcards
What are the three main ways to change a will?
- Execute a new will
- Add a codicil
- Make manuscript (handwritten) amendments to the original will
Can someone other than the testator make alterations?
Only if the changes are made in the presence of and at the direction of the testator.
What happens if an alteration is made after execution and not attested?
It is invalid and has no legal effect. The original wording is upheld.
What is presumed about the timing of an alteration?
It is presumed to have been made after execution unless proven otherwise
When is a manuscript alteration valid despite being post-execution?
If it is attested like a will (i.e. signed by the testator and two witnesses near the alteration).
Must the witnesses to an alteration be the same as those to the will?
No. Different witnesses may be used.
How else can manuscript amendments be validated if not attested?
- By re-executing the amended will
- By executing a codicil that confirms the amendment
What must be included in a codicil to validate an amendment?
An express reference to the specific manuscript amendment.
When will an alteration be ignored?
- If made after execution and not attested
- If the original wording is still legible
- If not confirmed by codicil or re-execution
Can obliterations by a third party be given effect to?
No, unless they were made at the testator’s direction and the original wording is recoverable.
What is the effect of obliteration where original wording is not apparent?
The gift is treated as revoked—if intended by the testator.
What does ‘apparent’ mean in this context?
That the original wording can be read by normal means (e.g. visually or by holding to light, but not using forensic tools).
What is conditional revocation?
Where the testator intended to revoke a gift only if the substitute is valid. If the substitution fails, the revocation also fails.
What evidence is allowed to support conditional revocation?
Extrinsic evidence may be admitted to determine the testator’s intention and original wording.
What is presumed when a blank in the will is completed?
That the entry was made before execution—so it is valid.
Can this presumption be rebutted?
Yes, by internal inconsistencies or external affidavit evidence.
When might manuscript changes be appropriate?
- Minor corrections (e.g. spelling, address)
- Urgent circumstances (e.g. imminent travel or medical procedures)
What best practice should be followed for any manuscript change?
Initial by the testator and two witnesses—even if made before execution or minor.
