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Difference between revisions of "Mistakes and Alterations in a Will (16:IV)"
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Mistakes and Alterations in a Will (16:IV) (view source)
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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; | ||
# | #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. | ||
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). | ||
