Is a will void is one of the beneficiaries marked out multiple sections of the will?

UPDATED: Oct 1, 2022

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Is a will void is one of the beneficiaries marked out multiple sections of the will?

Several recipients are removed from will with lines drawn
through a will and crossed out sections of the will. Although
the decendent wanted the will changed it was never legally
done. Now what does the executor do?

Asked on December 1, 2017 under Estate Planning, Mississippi


M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

Consult with a trusted attorney in the area as to how this is handled in this jurisdiction.  In other states, depending on how the crossing out was handled, the law would require a hearing on the changes.  You see the general rule is no, the Will can not be amended in this way.  either a new Will must be done or a Codicil to the old Will.  But say the testator signed or initialed after each change and it was witnessed as well.  The court could find the amendments valid.  You have tio know if the court would find a hearing necessary or the Will totally void.  And you have every right to hire an attorney.  Good luck.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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