Altering a Will: What Is Valid and What Is Void
Crossing out words in a signed will is almost never valid. Under s21 Wills Act 1837, alterations made after execution must be signed and witnessed — or the original wording stands. Use a codicil or make a new will instead.
Key Rules Under s21 Wills Act 1837
Alteration made BEFORE execution
Valid — the will is signed (and witnessed) with the alteration already in place. Presumption must be displaced by evidence.
Alteration made AFTER execution — signed by testator + 2 witnesses near the alteration
Valid — the s21 formalities have been met; the alteration takes effect.
Crossing out or addition AFTER execution — unsigned and unwitnessed
Void as an alteration. Original wording stands if it can be read or reconstructed.
Words COMPLETELY obliterated — unreadable by any means
Original words treated as deleted — they are 'not apparent' under s21 exception.
Frequently Asked Questions
What does s21 Wills Act 1837 say about altering a will?
Section 21 of the Wills Act 1837 provides that no obliteration, interlineation, or other alteration made in a will after its execution shall be valid or have any effect except so far as the words or effect of the will before such alteration shall not be apparent — unless the alteration is executed in the same manner as is required for the execution of the will itself. This means any change made after the will is signed and witnessed requires: (1) the alteration to be signed by the testator and (2) witnessed by two or more witnesses who each subscribe their signatures in the margin or near to the alteration. If those formalities are not followed, the alteration is void — but only the alteration fails, not the will as a whole. The original wording is still valid if it can still be read.
What happens if someone crosses out words in a will without signing next to the crossing out?
If words in a will are crossed out (obliterated) after execution without the alteration being executed with signatures (testator and two witnesses), the alteration is invalid under s21 Wills Act 1837. The original words remain valid provided they can still be read or reconstructed. Courts will go to considerable lengths to read original words under crossings out — using photographic techniques, infrared imaging, or expert testimony. The presumption is that an unexecuted alteration was made after execution (and is therefore void) unless there is clear evidence it was made before the will was signed. The burden of proving the alteration was made before execution lies on the person asserting it.
Does physical obliteration of words in a will revoke them?
Obliteration can amount to valid revocation if the original words are rendered completely undecipherable — if no amount of technical examination or expert evidence can recover the original words, they are treated as having been deliberately obliterated and are treated as deleted from the will. This is the exception under the second part of s21 ('except so far as the words... shall not be apparent'). If the words are 'not apparent' — meaning unrecoverable — the obliteration succeeds in revoking them, even without the executed-alteration formalities. However, if a court can reconstruct the original words by any means, it will do so and treat the obliteration as having failed.
What is the correct way to change a will after it has been signed?
There are two correct methods: (1) Execute a codicil — a separate document that amends specific parts of the will, executed with the same formalities (testator signs in the presence of two witnesses who both sign). A codicil can delete, substitute, or add to the will's provisions without the need to re-execute the entire will; (2) Make a new will that expressly revokes the previous will — the safest and cleanest approach for significant changes. Writing on the face of the existing will is almost always wrong: even a validly executed alteration on the face of the will creates ambiguity, since it is uncertain whether words were altered before or after execution unless clearly documented. Never cross out, overwrite, or add to the text of a signed will without taking legal advice.
What if an alteration was made before the will was signed — is it automatically valid?
Yes — an alteration made before the will is executed is valid if the will is signed and witnessed in its altered form (i.e. the testator and witnesses sign the will containing the alteration). The signed will is the will in the form it is in at execution. However, there is a legal presumption that alterations are made after execution, not before — so the party seeking to rely on the pre-execution alteration must prove on the balance of probabilities that it was made before the will was signed. To avoid this problem: if you want to alter a will draft before signing, ensure the final clean version reflects all changes before the signing ceremony, and do not sign an old draft with handwritten amendments.
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