Posted on | April 11, 2009 | No Comments
If you have a will and you decide to make changes to it, can you take out a page and replace it?
If you replace pages and then re-execute the will with the formalities required of a will, you can make changes. However, if you just make changes to your will such as:
- Replacing pages;
- Typing additional provisions on the will; or
- Adding additional pages.
Then the will must be re-executed with all of the formalities required of a will. As stated elsewhere in this blog, if the will is not wholly in the handwriting of the testator, the formalities required are that:
- The will be signed by the testator or someone by his direction and in his presence;
- The will be attested to by two credible witnesses who sign the will;
- in their own handwriting;
- in the presence of the testator.
If you don’t execute the altered will with the formalities above, then the document is not a will and will not be admitted to probate. I recently read a case where the testator was in the habit of taking his will apart and replacing pages whenever he wanted to make changes to it. Apparently, he changed his will frequently. The will was denied probate because he did not re-execute the altered will with the required formalities. He died intestate, without a will. Something that he obviously did not want to do since he had gone to the trouble of creating a will.