Amendments before and after execution

Manuscript amendment

Handwritten change to a will/codicil

Preferred method of amendment

Make a new will (usually safer than codicil/hand amendments due to dispute risk).

Codicil

A formal testamentary document that amends an existing will.

s.21 Wills Act 1837 (core rule)

Post-execution alterations are invalid unless executed with will formalities or the original words are not apparent

Obliteration

Text crossed out/covered/cut out, original wording cant be seen

Interlineation

Writing inserted between existing lines to add omitted words.

Other alteration

Additions at end, or strike-through where original remains legible.

General rule (post-execution change)

Unattested changes made after execution have no effect; original wording stands (if still apparent).

Timing matters

Only alterations made after execution are invalid; alterations made before execution form part of the will.

Presumption on timing (Cooper v Bockett)

alteration made to the will after execution is invalid unless proved otherwise

How to rebut timing presumption

Affidavit/evidence of the will’s condition at execution (eg witnesses describing what it looked like).

Attested alteration

An alteration signed/initialled by the testator and two witnesses near the alteration in accordance with s.9 formalities.

Effect of attested alteration

Valid and given effect to even if made after execution.

Witnesses for attested alteration

Do not need to be the same witnesses who witnessed the original will.

Signatures for attested alteration

Initials of testator and two witnesses can be sufficient if intended to authenticate the change.

Best practice for hand changes

Execute (attest) every change like a will to avoid having to prove timing later.

Confirming unattested amendments

Re-execute the amended will as a whole, or execute a codicil affirming the will.

Requirement when confirming amendments

Express reference to the manuscript amendments is needed to rebut the presumption they were made after execution.

Blank space completion exception

Filling in a blank space is presumed to have been done before execution.

Effect of blank space completion

Given effect (unless presumption rebutted).

Rebutting blank space presumption

Internal evidence in the will or external evidence (eg affidavit) can show it was completed after execution.

“Words not apparent” rule

If the original wording is not apparent due to obliteration, the alteration may operate as a revocation.

Meaning of “apparent”

Original wording can be deciphered by natural means (reading/holding to light) without extrinsic evidence or special tech.

If wording is apparent

Unattested post-execution change is ignored; original gift takes effect.

If wording is not apparent

Obliteration is treated as intentional revocation by the testator (gift removed).

Third-party obliteration

If a third party made the obliteration, extrinsic evidence may be used to establish the original wording.

No intent to revoke

If testator did not intend revocation, extrinsic evidence may be used to restore the original wording.

Use of technology

may be used to recover the original text where intention or third-party interference is in issue.

Conditional revocation

Testator revokes an original gift only on condition that a substitute gift effectively takes its place.

Example of conditional revocation

Testator obliterates original amount and writes a new amount, intending replacement.

Effect if substitution fails

No revocation; original gift stands if it can be ascertained.

Extrinsic evidence in conditional revocation

Permitted to establish the original wording so the original gift can take effect.

When manuscript changes may be appropriate

Minor corrections not affecting meaning (typos, addresses, spelling).

Urgent manuscript change scenario

When urgent (hospital/travel) and a new will/codicil cannot be prepared in time.

Practical tip

Always have testator and two witnesses initial/sign near any change, even if made before execution.