Handwritten amendments on Will

Trusts Discussion
1

I have been instructed in a probate matter where the deceased made a number of handwritten amendments to her Will. None of the amendments obliterate the original clauses, none are countersigned (except by the testatrix, who also dated them). The original witnesses to the Will have passed away. The will writer has since retired but has confirmed that this was the last will drawn up by him and he had known the deceased for several years. The Executors have searched the deceased’s papers and found no further Will (she was in a care home and this was the Will handed to the office there for safe keeping when she moved in 8 years ago). I have advised that they search for a Will eg via certainty but for some reason they seem reluctant (they only receive small cash gifts themselves and there are several charities as residuary beneficiaries).
What should I send as evidence? An affidavit stating the above signed by the Executors? the Will writer?

thank you for your help.

2

The hand-written amendments to the Will are not valid. I have had to prove Wills in similar situations on two occasions where in each estate there were hand-written amendments to the Will. In each case I had to “restore” the Will to its original form – ie have it typed in its original form before the amendments were made. The “restored” document was then the document that was admitted to Probate.

Cliona O’Tuama

Solicitor

3

Thank you Cliona.

Did you also need to submit an affidavit/ statement of truth? or just the typed original version?

Thanks again.

Leanne

4

There was no need for any affidavit or statement of truth in my two estates.

Cliona O’Tuama

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5

You used to be able to write for guidance to the probate registry for these sort of issues.

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6

I had to apply with a will that had been dramatically written on. I believe it’s called proving a fiat copy of the Will - a paper application

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