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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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#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 [[Making and Executing a Will ( | 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 (16A: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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