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Difference between revisions of "Mistakes and Alterations in a Will (16:IV)"

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(Created page with "{{LSLAP Manual TOC|expanded = wills}} 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...")
 
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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 [[Making and Executing a Will (16:III)#F. Court’s Power to Cure Deficiencies and Rectify Wills | Section III.F]], above, which also discusses the power of rectification under s 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 [[Making and Executing a Will (16:III)#F. Court’s Power to Cure Deficiencies and Rectify Wills | Section III.F]], above, which also discusses the power of rectification under s 59).
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