Validity of handwritten changes to a will

This is a surprisingly common question, and the answer depends heavily on when and how the handwritten change was made.

The legal framework:

The validity of wills in England and Wales is governed by the Wills Act 1837, as amended. Section 9 sets out the formal requirements for a valid will, and those same requirements apply to any alteration made to a will after it has been executed.

The general rule:

A handwritten change (known legally as an "alteration" or sometimes an "interlineation") made to a will after it has been executed is presumed to be invalid unless it has been properly attested. This means the alteration must be:

1. Signed by the testator (or by some other person in the testator's presence and by the testator's direction).
2. The testator's signature must be made or acknowledged in the presence of two witnesses present at the same time.
3. Each witness must attest and sign in the presence of the testator.

In other words, the alteration must go through the same formalities as making the will itself. This is set out in section 21 of the Wills Act 1837.

Practical ways this can work:

The usual practice is for the testator and both witnesses to initial or sign in the margin next to the alteration. Ideally, this is noted at the end of the will with a statement such as "The alteration on page 2, line 5 was made before execution" or the initials are placed beside the change and the attestation clause confirms that the alteration was present at the time of signing.

The timing issue:

There is an important presumption about timing. If an alteration appears on the face of the will and it is not clear when it was made, the law presumes it was made after execution, which means it will be treated as invalid unless it has been properly attested. The burden falls on anyone seeking to uphold the alteration to prove it was either made before execution or properly attested afterwards.

If the change was made before execution, meaning the handwritten change was already on the document at the time the testator and witnesses signed the will, then it forms part of the will and is valid without any separate attestation. The difficulty is proving this.

What happens if an unattested alteration is invalid:

If the alteration is found to be invalid, the court will try to read the original words underneath. If the original words can still be deciphered, whether by the naked eye or with the aid of modern techniques such as infrared photography, the original wording stands. If the original words have been completely obliterated and cannot be read by any means, then neither the original nor the altered words take effect, and there is effectively a blank in the will at that point.

Codicils as an alternative:

Rather than making handwritten changes to an existing will, the safer route is to execute a codicil, which is a separate document that amends the will. A codicil must meet the same formalities under section 9 of the Wills Act 1837. For anything more than a very minor change, making a new will entirely is generally preferable.

Practical position:

If you are looking at a will that contains handwritten changes and you need to establish whether they are valid, the key questions are:

1. Can you establish when the change was made, before or after execution?
2. If after execution, was the change signed or initialled by the testator and both witnesses?
3. If the change is invalid, can the original wording still be read?

If this relates to a will that is going through probate, the Probate Registry may require an affidavit of plight and condition to explain the appearance of the will, including any visible alterations. This is a sworn statement, usually from the person who has custody of the will, explaining the state of the document.

If you can share more about the specific situation, such as whether the will has already been executed, what the change says, and whether it was witnessed, I can give you a more targeted answer.