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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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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 | :'''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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