Legal Question in Wills and Trusts in New York

You really don't want your heirs to find out, do you?

In examining this response, please note that we are not entering into an attorney/client relationship, that this is to be taken as informative, and not as legal advice, that it is always best to speak to a lawyer in your area and/or in the area where the transaction and/or events occurred, and that my answer is necessarily limited by the fact that I have not seen the documentation or had an opportunity to go over the matters with you in detail.

Q. Does having written on the original will in pen invalidate it?

A. Generally, it does not invalidate the will as a whole. However, the modification by pen causes an issue as to what was changed in the will. Depending on the modification, the Surrogate Judge has the descretion to void the pen modifications. It may cause litigation between (in your particular case) the executors.

I tell my clients to avoid a codicil. Since a codicil must be executed in the same manner as a will, you are better off just executing a new will.

Finally, no one has to know about the new will other than you and your lawyer.

Mike.

My suggestion is that you execute a new will. An original will with marks upon it may complicate the probate process.

I agree with Mike and Rudolf that it depends on what provisions were crossded out and how importrant they are to the dispositive provisions of the Will Better to be safe rather than sorry, so I also suggest a new Will be drawn as quickly as possible. Leave nothing to chance that someone might challenge things. This is a response to an Internet question and the reply is not intended to be legal advice or as creating an attorney-client relationship.