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

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{{LSLAP Manual TOC|expanded = wills}}
{{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 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 and 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 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:  
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