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Barrister
Barrister, Attorney
Category: Estate Law
Satisfied Customers: 33781
Experience:  15 yrs estate law, real estate. Wills/Trusts/Probate
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If there is an addendum added to the will with the same date

Customer Question

If there is an addendum added to the will with the same date that the will was drafted and notarized, but the addendum was not notarized nor did it contain any signatures of witnesses (and the signature of the deceased did not look like her actual signature).....and if the changes made specifically reflected the wishes of the executor of the will, not what is known about the deceased actual wishes, is that addendum still legal and what recourse do other family members have?
Submitted: 10 months ago.
Category: Estate Law
Expert:  Barrister replied 10 months ago.

Hello and welcome! My name is ***** ***** I am a licensed attorney who will try my very best to help with your situation or get you to someone who can. There may be a slight delay in my responses as I research statutes or ordinances and type out an answer or reply, but rest assured, I am working on your question.

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When an amendment to a will is drafted, it is called a "Codicil" and must be completed with the same formalities as the original will in order to be legally effective.

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With that said, any amendment/Codicil must be dated and signed by the testator and two witnesses in order to be legally valid.

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If the amendment/Codicil did not have two witnesses sign in addition to the testator, then it is invalid as a matter of law.

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Any "interested party" (i.e. family member, beneficiary, etc.) can file a formal written objection with the court claiming that the addendum is invalid and a judge will then look at it and should throw it out as void.

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thanks

Barrister

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