Handwritten Alterations to an Executed Will
It is not uncommon for a testator to want to make amendments to his or her Will once it has been executed. Typically, the safest way to make changes to a Will is to have a solicitor draw up a Codicil to be added to the executed Will or to make a new Will all together. However, what happens when a testator makes handwritten changes to their original executed Will?
Section 18 of the Succession Law Reform Act (the “SLRA”) governs the validity of alterations made after a Will has been executed. To be valid, the alterations must be accompanied by not only the signature of the testator but also the subscription of at least two witnesses. Alternatively, a testator may make valid alterations to his or her Will if the Will meets the formalities of a holographic Will i.e. it is made wholly in the testator’s own handwriting and is signed by the testator. The statutory requirements for a valid alteration must be strictly adhered to.
In addition to compliance with the SLRA, there are common law requirements with respect to the manner in which the original wording must be deleted. Therefore, it is not advisable for a testator to attempt to make handwritten alterations to their executed Will, without first receiving advice from a solicitor.
While the execution of a new Will or Codicil is the surest way of ensuring that any desired amendments will be honoured upon the testator’s death, it may not always be practical. Accordingly, practitioners may want to review with the testator the appropriate requirements for altering their already executed Will. It is important to remember, however, that issues of testamentary capacity and undue influence are separate issues that ought to be considered as well.
Thank you for reading!