Mistakes and Alterations in a Will (16:IV) - Revision history

LSLAP at 19:31, 13 October 2025

2025-10-13T19:31:45Z

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LSLAP at 16:43, 22 August 2024

2024-08-22T16:43:50Z

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	A will may be changed by executing a new will, executing a codicil, or altering the will before it is executed. Where a will-maker wants to alter a will, section 54(2) of ''WESA'', requires that the will-maker sign and the witnesses attest the signature in the margin or near to the alteration, or at or near to a memorandum written in the will referring to the alteration. An alteration should be so attested even if made before the will itself is executed. This will avoid subsequent litigation which may arise if an unattested alteration appears to have been made after the execution of the will. '''Where a mistake is made when drafting a will, the safest course is to draw up a new, corrected will'''.		A will may be changed by executing a new will, executing a codicil, or altering the will before it is executed. Where a will-maker wants to alter a will, section 54(2) of ''WESA'', requires that the will-maker sign and the witnesses attest the signature
			* in the margin or near to the alteration, or
			* at or near to a memorandum written in the will referring to the alteration.

			An alteration should be so attested even if made before the will itself is executed. This will avoid subsequent litigation which may arise if an unattested alteration appears to have been made after the execution of the will. '''Where a mistake is made when drafting a will, the safest course is to draw up a new, corrected will.'''

	There are three reasons why executing a new will may be a preferable course of action:		There are three reasons why executing a new will may be a preferable course of action:
	#A new will avoids any danger of a codicil not adequately referring to the correct will;		# A new will avoids any danger of a codicil not adequately referring to the correct will;
	#When only one document exists (i.e. the new will) there is ~~less~~ likelihood of misinterpretation; and		# When only one document exists (i.e. the new will) there is lower likelihood of misinterpretation; and
	#If a codicil is used to revoke a gift made in the will, the party who would have received the gift will be informed of the change made by the will-maker, which could cause personal discord in the ~~Will~~-maker’s relationship with that person.		# If a codicil is used to revoke a gift made in the will, the party who would have received the gift will be informed of the change made by the will-maker, which could cause personal discord in the will-maker’s relationship with that person.

	An unattested alteration made after the will is executed is invalid and may also invalidate any existing part of the will that the alteration obliterated or made impossible to decipher. However, it is important to note that section 58 of ''WESA'' allows a court to recognize any document that gives effect to the testamentary disposition of the deceased, even if it does not comply with the formalities of ''WESA''. (See Section [[Making_and_Executing_a_Will_(16:III)\|III.F: Court’s Power to Cure Deficiencies and Rectify Wills]], above, which also discusses the power of rectification under section 59).		An unattested alteration made after the will is executed is invalid and may also invalidate any existing part of the will that the alteration obliterated or made impossible to decipher. However, it is important to note that section 58 of ''WESA'' allows a court to recognize any document that gives effect to the testamentary disposition of the deceased, even if it does not comply with the formalities of ''WESA''. (See Section [[Making_and_Executing_a_Will_(16:III)\|III.F: Court’s Power to Cure Deficiencies and Rectify Wills]], above, which also discusses the power of rectification under section 59).

	:'''NOTE~~''' '''~~ON ELECTRONIC WILLS:''' Section 54 of ''WESA'' does not apply to electronic wills. Instead, a will maker seeking to make an ~~alternation~~ to an electronic will must make a new will in accordance with section 37; see Section [[Making_and_Executing_a_Will_(16:III)\|III.D.2: Electronic Wills]], for more information.		:'''NOTE ON ELECTRONIC WILLS:''' Section 54 of ''WESA'' does not apply to electronic wills. Instead, a will maker seeking to make an alteration to an electronic will must make a new will in accordance with section 37; see Section [[Making_and_Executing_a_Will_(16:III)\|III.D.2: Electronic Wills]], for more information.


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Clicklaw Editor at 21:16, 29 August 2023

2023-08-29T21:16:37Z

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LSLAP at 23:57, 24 August 2023

2023-08-24T23:57:10Z

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Clicklaw Editor at 22:29, 11 October 2022

2022-10-11T22:29:42Z

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	#If a codicil is used to revoke a gift made in the will, the party who would have received the gift will be informed of the change made by the will-maker, which could cause personal discord in the Will-maker’s relationship with that person.		#If a codicil is used to revoke a gift made in the will, the party who would have received the gift will be informed of the change made by the will-maker, which could cause personal discord in the Will-maker’s relationship with that person.

	An unattested alteration made after the will is executed is invalid and may also invalidate any existing part of the will that the alteration obliterated or made impossible to decipher. However, it is important to note that section 58 of ''WESA'' allows a court to recognize any document that gives effect to the testamentary disposition of the deceased, even if it does not comply with the formalities of ''WESA''. (See ~~'''~~Section III.F: Court’s Power to Cure Deficiencies and Rectify Wills~~'''~~, above, which also discusses the power of rectification under section 59).		An unattested alteration made after the will is executed is invalid and may also invalidate any existing part of the will that the alteration obliterated or made impossible to decipher. However, it is important to note that section 58 of ''WESA'' allows a court to recognize any document that gives effect to the testamentary disposition of the deceased, even if it does not comply with the formalities of ''WESA''. (See Section [[Making_and_Executing_a_Will_(16:III)\|III.F: Court’s Power to Cure Deficiencies and Rectify Wills]], above, which also discusses the power of rectification under section 59).

	'''NOTE''' '''ON ELECTRONIC WILLS:''' Section 54 of ''WESA'' does not apply to electronic wills. Instead, a will maker seeking to make an alternation to an electronic will must make a new will in accordance with section 37; see ~~'''~~Section III.D.2: Electronic Wills~~'''~~, for more information.		:'''NOTE''' '''ON ELECTRONIC WILLS:''' Section 54 of ''WESA'' does not apply to electronic wills. Instead, a will maker seeking to make an alternation to an electronic will must make a new will in accordance with section 37; see Section [[Making_and_Executing_a_Will_(16:III)\|III.D.2: Electronic Wills]], for more information.


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Clicklaw Editor at 21:25, 11 October 2022

2022-10-11T21:25:46Z

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	'''NOTE''' '''ON ELECTRONIC WILLS:''' Section 54 of ''WESA'' does not apply to electronic wills. Instead, a will maker seeking to make an alternation to an electronic will must make a new will in accordance with section 37; see '''Section III.D.2: Electronic Wills''', for more information.		'''NOTE''' '''ON ELECTRONIC WILLS:''' Section 54 of ''WESA'' does not apply to electronic wills. Instead, a will maker seeking to make an alternation to an electronic will must make a new will in accordance with section 37; see '''Section III.D.2: Electronic Wills''', for more information.


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LSLAP at 22:46, 17 August 2022

2022-08-17T22:46:58Z

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	An unattested alteration made after the will is executed is invalid and may also invalidate any existing part of the will that the alteration obliterated or made impossible to decipher. However, it is important to note that section 58 of ''WESA'' allows a court to recognize any document that gives effect to the testamentary disposition of the deceased, even if it does not comply with the formalities of ''WESA''. (See '''Section III.F: Court’s Power to Cure Deficiencies and Rectify Wills''', above, which also discusses the power of rectification under section 59).		An unattested alteration made after the will is executed is invalid and may also invalidate any existing part of the will that the alteration obliterated or made impossible to decipher. However, it is important to note that section 58 of ''WESA'' allows a court to recognize any document that gives effect to the testamentary disposition of the deceased, even if it does not comply with the formalities of ''WESA''. (See '''Section III.F: Court’s Power to Cure Deficiencies and Rectify Wills''', above, which also discusses the power of rectification under section 59).

	'''NOTE:''' '''ON ELECTRONIC WILLS:''' Section 54 of ''WESA'' does not apply to electronic wills. Instead, a will maker seeking to make an alternation to an electronic will must make a new will in accordance with section 37; see '''Section III.D.2: Electronic Wills''', for more information.		'''NOTE''' '''ON ELECTRONIC WILLS:''' Section 54 of ''WESA'' does not apply to electronic wills. Instead, a will maker seeking to make an alternation to an electronic will must make a new will in accordance with section 37; see '''Section III.D.2: Electronic Wills''', for more information.

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LSLAP at 22:46, 17 August 2022

2022-08-17T22:46:22Z

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	An unattested alteration made after the will is executed is invalid and may also invalidate any existing part of the will that the alteration obliterated or made impossible to decipher. However, it is important to note that section 58 of ''WESA'' allows a court to recognize any document that gives effect to the testamentary disposition of the deceased, even if it does not comply with the formalities of ''WESA''. (See '''Section III.F: Court’s Power to Cure Deficiencies and Rectify Wills''', above, which also discusses the power of rectification under section 59).		An unattested alteration made after the will is executed is invalid and may also invalidate any existing part of the will that the alteration obliterated or made impossible to decipher. However, it is important to note that section 58 of ''WESA'' allows a court to recognize any document that gives effect to the testamentary disposition of the deceased, even if it does not comply with the formalities of ''WESA''. (See '''Section III.F: Court’s Power to Cure Deficiencies and Rectify Wills''', above, which also discusses the power of rectification under section 59).

	:'''NOTE:''' ~~If the amendments in~~ ''~~Bill 21~~'' ~~are brought into force resulting in the validity of electronic wills, section~~ 54 of ''WESA'' ~~will~~ not apply to electronic wills. Instead, ~~''Bill 21'' will introduce section 54.1 which will require~~ a will-maker seeking to ~~alter~~ an electronic will to make a new will in accordance with section 37 ~~of ''WESA''. Note that this amendment has not yet come into effect~~; see '''Section III.D.2: Electronic Wills''', for more information.		'''NOTE:''' '''ON ELECTRONIC WILLS:''' Section 54 of ''WESA'' does not apply to electronic wills. Instead, a will maker seeking to make an alternation to an electronic will must make a new will in accordance with section 37; see '''Section III.D.2: Electronic Wills''', for more information.

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Desy Wahyuni at 21:10, 13 August 2021

2021-08-13T21:10:09Z

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	An unattested alteration made after the will is executed is invalid and may also invalidate any existing part of the will that the alteration obliterated or made impossible to decipher. However, it is important to note that section 58 of ''WESA'' allows a court to recognize any document that gives effect to the testamentary disposition of the deceased, even if it does not comply with the formalities of ''WESA''. (See '''Section III.F: Court’s Power to Cure Deficiencies and Rectify Wills''', above, which also discusses the power of rectification under section 59).		An unattested alteration made after the will is executed is invalid and may also invalidate any existing part of the will that the alteration obliterated or made impossible to decipher. However, it is important to note that section 58 of ''WESA'' allows a court to recognize any document that gives effect to the testamentary disposition of the deceased, even if it does not comply with the formalities of ''WESA''. (See '''Section III.F: Court’s Power to Cure Deficiencies and Rectify Wills''', above, which also discusses the power of rectification under section 59).

	:'''NOTE:''' If the amendments in ''Bill 21'' are brought into force resulting in the ~~allowance~~ validity of electronic wills, section 54 of ''WESA'' will not apply to electronic wills. Instead, ''Bill 21'' will introduce section 54.1 which will require a will-maker seeking to alter an electronic will to make a new will in accordance with section 37 of ''WESA''. Note that this amendment has not yet come into effect; see '''Section III.D.2: Electronic Wills''', for more information.		:'''NOTE:''' If the amendments in ''Bill 21'' are brought into force resulting in the validity of electronic wills, section 54 of ''WESA'' will not apply to electronic wills. Instead, ''Bill 21'' will introduce section 54.1 which will require a will-maker seeking to alter an electronic will to make a new will in accordance with section 37 of ''WESA''. Note that this amendment has not yet come into effect; see '''Section III.D.2: Electronic Wills''', for more information.

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LSLAP at 23:01, 10 August 2021

2021-08-10T23:01:24Z

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	There are three reasons why executing a new will may be a preferable course of action:		There are three reasons why executing a new will may be a preferable course of action:
	#a new will avoids any danger of a codicil not adequately referring to the correct will;		#A new will avoids any danger of a codicil not adequately referring to the correct will;
	#~~when~~ only one document exists (i.e. the new will) there is less likelihood of misinterpretation; and		#When only one document exists (i.e. the new will) there is less likelihood of misinterpretation; and
	#if a codicil is used to revoke a gift made in the will, the party who would have received the gift will be informed of the change made by the will-maker, which could cause personal discord in the Will-maker’s relationship with that person.		#If a codicil is used to revoke a gift made in the will, the party who would have received the gift will be informed of the change made by the will-maker, which could cause personal discord in the Will-maker’s relationship with that person.

	An unattested alteration made after the will is executed is invalid and may also invalidate any existing part of the will that the alteration obliterated or made impossible to decipher. However, it is important to note that section 58 of ''WESA'' allows a court to recognize any document that gives effect to the testamentary disposition of the deceased, even if it does not comply with the formalities of ''WESA''. (See '''Section III.F: Court’s Power to Cure Deficiencies and Rectify Wills''', above, which also discusses the power of rectification under section 59).		An unattested alteration made after the will is executed is invalid and may also invalidate any existing part of the will that the alteration obliterated or made impossible to decipher. However, it is important to note that section 58 of ''WESA'' allows a court to recognize any document that gives effect to the testamentary disposition of the deceased, even if it does not comply with the formalities of ''WESA''. (See '''Section III.F: Court’s Power to Cure Deficiencies and Rectify Wills''', above, which also discusses the power of rectification under section 59).