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A will that has been crossed out, written on, or otherwise amended by hand after it was originally signed is a will that requires careful examination. English law has a simple but important rule: any alteration to a will is presumed to have been made after execution unless the contrary is proved, and an amendment made after execution is valid only if it has been signed by the testator and witnessed by two witnesses with the same formality as the original will. This rule catches out many executors who assume the amendment is valid.
Section 21 of the Wills Act 1837 deals with alterations. It provides that:
The practical consequence is that most handwritten amendments found on wills are legally ineffective. The testator may have intended to change their will, but unless they followed the correct procedure, the change has no effect. A better approach when checking validity is to review our guide on how to check if a will is valid before proceeding with the probate application.
If the amendment is invalid, the original wording of the will applies as if the amendment had never been made. For example:
The key question is whether you can still read the original wording. If yes, the original wording governs. If not — because the original has been obliterated — more complex rules apply (see below).
To make a valid amendment to a will after execution, the testator must:
These are the same formality requirements as executing a new will. Most people who amend their wills by hand do not go through this process — they simply make the change, which means the amendment is invalid.
If you find a will where the amendments appear to have been initialled and countersigned by two witnesses, the amendment may be valid. Look for initials or signatures next to the amendment itself — not just the signatures at the end of the will (which relate to the original execution).
Obliteration occurs when the original wording is so thoroughly crossed out, scribbled over, or covered that it cannot be read. This creates a more difficult situation than a simple crossing-out where the original wording remains visible.
Under section 21 of the Wills Act 1837, where words have been obliterated and the amendment replacing them is also invalid, the affected provision of the will may simply fail entirely. The consequence depends on what was obliterated:
Courts have occasionally used infrared photography or other forensic methods to read obliterated text and apply the original wording. If an obliteration is significant and the original wording might be recoverable, seek specialist legal advice.
A codicil is a separate document that amends a will. It is executed with the same formalities as a will (signed by the testator and two witnesses) and, when admitted to probate alongside the will, has full legal effect.
A codicil is the correct and safe way to amend a will. Unlike a handwritten alteration to the will document itself, a codicil is easy to identify, clearly dated, and has its own separate execution ceremony that demonstrates the amendment was intended and properly made.
See our guide to what a codicil is and how it works for a full explanation.
If the amendment to the will you have found is a separate document rather than a marking on the will itself, and it has been properly executed, it may be a valid codicil. Submit it to the Probate Registry along with the original will — both documents will be admitted to probate.
When you submit a will to the Probate Registry as part of a probate application, you must submit the original will — not a copy. If the original will has visible amendments (crossings-out, additions, corrections), the Registry will examine them carefully.
The Registry may require an affidavit of due execution — a sworn statement from one or both of the witnesses confirming when the will was executed and whether the amendments were present at the time of signing. This establishes whether the amendment was made before or after execution.
If the witnesses cannot be traced, or have died, the Registry may require other evidence — such as an affidavit from someone who can confirm from handwriting or other evidence when the amendment was made.
Do not attempt to interpret an amended will yourself and proceed on the basis of your interpretation. Submit the will to the Registry with full disclosure of all amendments, and let the Registry determine what effect they have.
For a wider checklist of executor responsibilities, see our estate administration checklist and executor first steps guide.
In summary, the decision tree for an amendment is:
Not without the correct formalities. A pencil crossing-out is an alteration that is presumed to have been made after execution. Unless it has been signed by the testator and countersigned by two witnesses, it is not a valid amendment. The original name applies. A pencil crossing-out that does not obliterate the original name means the original beneficiary still receives the gift.
Only if they were made before the will was executed, or if they were properly signed and witnessed after execution. Words added in the margin, between lines, or at the end of the will after execution are invalid amendments unless they comply with section 21 of the Wills Act 1837. The Probate Registry will not give effect to additions that do not meet the requirements.
Yes — submit the will as found. The Probate Registry will examine the amendments and, if the original wording is clear, will admit the will to probate in its original form (with the invalid amendments noted but not given effect). If the amendments create genuine ambiguity, the Registry may require additional evidence. Do not attempt to submit a "clean" copy with the amendments removed.
A separate typed document amending the will may be a codicil — if it has been executed with the correct formalities. Check whether it is signed by the testator and countersigned by two witnesses. If so, it may be a valid codicil and should be submitted to the Probate Registry alongside the original will. See our guide to codicils for more detail.
Yes — in two circumstances. First, if the amendment was made before the will was executed (so that both the amendment and the original will were in place when the witnesses signed), the amendment is part of the validly executed will. Second, if the amendment itself was signed by the testator and countersigned by two witnesses after execution, it is a valid post-execution amendment. Both require evidence to be accepted by the Probate Registry.
A codicil amends a will without replacing it. Learn the formal requirements, how codicils affect the probate application, what happens when a codicil conflicts with the will, and why new wills are usually better.
A valid will in England and Wales must be signed by the testator and two independent witnesses. Use our four-point checklist to assess formal validity before applying for probate.
A will with only one witness is legally invalid in England and Wales — there is no way to fix this after death. Find out what happens to the estate and how to apply for Letters of Administration.
A plain-English guide for UK executors on how to read and understand a will — covering structure, key legal terms, identifying executors and beneficiaries, and red flags that need professional advice.
There is no expiry date on a will in England and Wales — but marriage revokes it, divorce lapses gifts to the ex-spouse, and a later will supersedes it. Full checklist before applying for probate.
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