## **Learning Outcomes**

This article explains the rules and practical implications of pre-execution alterations and amendments to wills under English law, including:

- The statutory formalities under section 9 of the Wills Act 1837 and how they apply to manuscript changes made before execution
- The operation of the presumption that alterations are post-execution, its rationale, and the main methods for rebutting it in exam scenarios
- The interaction between pre-execution amendments, due execution, attestation clauses, and evidential requirements imposed by the Probate Registry
- The evidential role of affidavits of plight and condition, witness statements, and solicitor attendance notes in proving when and how changes were made
- Best-practice drafting and signing procedures, such as initialling, reading over the will, and ensuring the final text matches the testator’s settled instructions
- The consequences where alterations are not properly evidenced or attested, including when original wording prevails and when a will may be partially ineffective
- Strategic use of redrafted clean wills or codicils instead of heavy manuscript amendment, with a focus on how these choices are likely to appear in SQE1 multiple-choice and scenario-based questions.

## **SQE1 Syllabus**

For SQE1, you are required to understand the rules and practical implications of alterations and amendments to wills, especially those made before execution, with a focus on the following syllabus points:

- the statutory formalities for valid alterations to a will before execution
- the legal presumption regarding the timing of alterations and how it can be rebutted
- the consequences of failing to comply with formalities for pre-execution changes
- best practice for ensuring amendments are valid and enforceable
- the Probate Registry’s approach to alterations and the role of affidavit evidence
- when to use codicils instead of altering the draft will

## **Test Your Knowledge**

_Attempt these questions before reading this article. If you find some difficult or cannot remember the answers, remember to look more closely at that area during your revision._

1. What is the legal presumption about the timing of an alteration found on a will?
2. What formalities must be satisfied for a pre-execution amendment to a will to be valid?
3. If an alteration is made before execution but is not attested, what is its legal status?
4. How can the presumption about the timing of an alteration be rebutted?

## **Introduction**

Alterations and amendments to wills are common in practice. However, English law imposes strict requirements for any change to a will, including those made before the will is executed. Understanding these requirements is essential for SQE1, as failure to comply can result in the intended change being ineffective and the testator’s wishes not being carried out. Because the Probate Registry will scrutinise the physical condition of the will, including any crossing-out, interlineations, or changes of ink and page layout, practitioners must be able to demonstrate confidently when each change was made and that the executed document accurately reflects the testator’s settled intentions at the time of signing.

## Statutory Requirements for Pre-Execution Alterations

Any change made to a will before execution must comply with the same formalities as the will itself. This is set out in section 9 of the Wills Act 1837. The will, including any amendments, must be in writing, signed by the testator (or by someone else in their presence and at their direction), and attested by two or more witnesses present at the same time.

In practical terms, this means the exact text that the testator intends to be effective must appear on the face of the will at the moment of execution. If the testator revises a draft in manuscript immediately before signing, those revisions form part of the will if the resulting document is signed and duly attested. There is no separate requirement that a pre-execution amendment be signed next to the change; executing the will containing the altered wording satisfies section 9, though careful attestation practice helps avoid later evidential disputes.

Where the testator cannot sign personally, section 9 permits signature by another person in the testator’s presence and at their direction; this applies equally where the will’s text has been altered pre-execution.

> **Key Term: pre-execution alteration**
> A change made to the text of a will before it is formally executed by the testator and witnesses.
>
> **Key Term: attestation**
> The act of witnessing the testator’s signature and signing the will as a witness, confirming that the formalities have been complied with.
>
> **Key Term: attestation clause**
> A clause reciting that section 9 formalities were observed. It supports the presumption of due execution and can be tailored to record relevant circumstances (for example, that the will was read over after amendments were made).

### The Presumption About Timing of Alterations

If an alteration appears on the face of a will, the law presumes that it was made after the will was executed, unless there is evidence to the contrary. This presumption is important because changes made after execution must meet additional requirements to be valid.

The Probate Registry applies this presumption rigorously. Where a will shows crossings-out or interlineations and there is no clear indication of timing, the Registry may require affidavit evidence (usually from a witness or the supervising solicitor) to establish when the change was made. The Registry’s starting point is that unsigned changes are post-execution unless the document suggests the alteration is part of completing a printed form (for example, filling in blanks such as names or a date), or the internal evidence strongly points to pre-execution insertion.

> **Key Term: presumption of post-execution alteration**
> The legal assumption that an alteration was made after the will was signed, unless proven otherwise.

### Validity of Pre-Execution Amendments

If an amendment is made before execution and is attested by the testator and both witnesses, it forms part of the will and is valid. If the amendment is not attested, it is presumed to have been made after execution and is generally invalid unless the presumption is rebutted.

Two points of practice follow:

- If the will is executed after the change is made, the alteration does not need its own separate signature; the execution of the will containing the altered text suffices. However, if doubts may later arise, having the testator and witnesses initial near each change at execution helps demonstrate the alteration predates execution.

- If an alteration appears on an already-executed will and is not executed in accordance with section 21 Wills Act 1837 (which governs post-execution changes), it will be ignored unless the original words are obliterated and cannot be deciphered on the original document. Section 21 concerns post-execution changes; for pre-execution changes, the focus is on evidencing that the executed document contained the text as altered before signature.

> **Key Term: attested alteration**
> An amendment to a will that is signed or initialled by the testator and both witnesses, confirming its validity. For post-execution changes, signatures should appear opposite or near the alteration, or be captured in a signed memorandum referring to all alterations; for pre-execution changes, this practice helps rebut timing presumptions.

### Rebutting the Presumption

The presumption that an alteration was made after execution can be rebutted by clear evidence that the change was made before the will was signed. This evidence may include statements from the witnesses, the solicitor, or internal evidence from the document itself (such as consistent ink or handwriting).

The Probate Registry may require an affidavit explaining the “plight and condition” of the will—what the alterations are, how and when they were made, and whether the will was read over with those changes before execution. Useful indicators that a change was pre-execution include:

- the will “reads naturally” after the amendment (for example, spacing and grammar align seamlessly with the rest of the clause);
- the same ink and handwriting are used throughout a paragraph with the alteration;
- the supervising solicitor’s attendance note and the witnesses’ statements confirm the changes were present, read over, and understood at signing;
- the change fills in a blank left in a will form (such as the testator’s name or a specific amount), which is typically treated as part of initial completion.

> **Key Term: affidavit of plight and condition**
> An affidavit explaining the physical condition of a will (including alterations) and the circumstances in which any changes were made, often required by the Probate Registry to determine timing.

### **Worked Example 1.1**

A testator writes a will and, before signing, changes the amount of a legacy from £5,000 to £10,000. The change is not initialled by the testator or witnesses, but the solicitor present confirms that the change was made before execution and that the will was read over with the change before signing. Is the alteration valid?

> **Answer:** If the evidence from the solicitor is accepted, the presumption that the change was made after execution is rebutted. The change will be treated as valid and part of the will.

### **Worked Example 1.2**

A client brings a will to your office with several handwritten changes. The will is unsigned. The client asks you to witness their signature. What should you do?

> **Answer:** You should ensure that all changes are incorporated into the will before execution and that the testator and both witnesses sign or initial each change at the time of execution. If there are many changes, it is best to prepare a new will reflecting all amendments.

### **Worked Example 1.3**

A will is typed. Immediately before execution, the testator inserts two handwritten beneficiary names into clause 3, then signs the will. The inserted names are not initialled, but the witnesses later confirm the clause, as read aloud, contained those names at signing. The Probate Registry queries timing. Are the insertions effective?

> **Answer:** Yes. The will, including the inserted names, was executed after those changes were made. Witness statements that the clause was present and read over at signing rebut the presumption of post-execution alteration. Initials would have helped, but they are not essential when reliable evidence shows the changes predated execution.

### **Worked Example 1.4**

A printed will form contains a blank for the pecuniary legacy amount. The testator writes “£20,000” in the blank just before signing. Later, the amount is challenged as a post-execution alteration because it is not initialled. Is the entry valid?

> **Answer:** Yes. Completing a blank in a will form is typically treated as part of pre-execution drafting. Provided the will bearing “£20,000” was duly executed, the presumption is displaced and the amount stands.

### **Worked Example 1.5**

The testator makes pencil changes to a typed clause and then signs the will in ink. No one initials the pencil marks. Would those pencil alterations be accepted?

> **Answer:** Generally not. Pencil amendments are commonly treated as deliberative rather than final. Without clear evidence that the pencil wording was settled and read over at execution, the original typed text is likely to prevail. Best practice is to retype the will or convert pencil amendments to ink and have them attested at execution.

## Practical Consequences and Best Practice

Legal practitioners must ensure that any pre-execution amendments are properly attested. The safest approach is to have the testator and both witnesses initial or sign next to each change at the time of execution. If there are multiple changes, each should be clearly marked and attested.

If there is any doubt about the timing or validity of an alteration, it is best to redraft the will to incorporate the changes and execute a clean version. This avoids later disputes about whether a particular manuscript note was added before or after execution and helps the Registry admit the will without calling for further evidence.

Further good practice includes:

- reading the whole will aloud or to the testator immediately prior to execution and recording in an attendance note that the changes were present and understood;
- using a clear attestation clause and, where appropriate, a special attestation clause tailored to the circumstances (for example, if the testator signed by mark or needed the will read over);
- avoiding alterations in pencil and avoiding stapling or pinning anything to the will, as staple or clip marks often prompt Registry enquiries;
- initialling each page and every significant amendment at execution to help rebut the timing presumption later;
- keeping version control—store earlier drafts separately and ensure the final signed version is clean and complete.

> **Key Term: codicil**
> A separate document executed with section 9 formalities that amends or partially revokes an existing will. Often preferable to handwritten alterations where only limited changes are intended.

### **Worked Example 1.6**

A will is executed with minor manuscript changes scattered across three clauses. Months later, someone alleges the changes were added post-execution. There are no initials by the changes, but the solicitor’s file note records each amendment and confirms they were read over at signing. What should happen?

> **Answer:** The solicitor’s contemporaneous note and witness statements can rebut the presumption. If accepted, the Registry should admit the will as executed, including the pre-execution changes. If evidence were weak, the changes would likely be ignored and the original wording applied.

### **Exam Warning**

> If an alteration is not properly attested, and there is no clear evidence that it was made before execution, the change will be presumed invalid. The original wording will stand, which may defeat the testator’s intentions.

### **Revision Tip**

> Always advise clients to avoid making handwritten changes to a will before execution unless they can be properly attested at the time of signing. Where more than a trivial change is needed, prepare a fresh clean draft or use a codicil executed with section 9 formalities.

## **Key Point Checklist**

_This article has covered the following key knowledge points:_

- Any alteration to a will before execution must comply with the same formalities as the will itself.
- The law presumes that an alteration was made after execution unless there is evidence to the contrary.
- An unattested alteration is presumed invalid unless the presumption is rebutted by clear evidence.
- The Probate Registry may require affidavit evidence (including an affidavit of plight and condition) to establish timing and context.
- Best practice is to redraft the will to include any changes or to have all changes attested by the testator and both witnesses at execution.
- Initials next to each change at execution help rebut timing presumptions; avoid pencil amendments and consider codicils for modest changes.

## **Key Terms and Concepts**

- pre-execution alteration
- attestation
- attestation clause
- presumption of post-execution alteration
- attested alteration
- affidavit of plight and condition
- codicil

Alterations and amendments to wills - Effect of alterations before execution