Once a will is properly executed, pages cannot be changed or replaced unless the will is re-executed with the same formalities required of a new will. In a case decided in 2013, a Texas Court of Appeals had to decide an issue relating to the time frame in which corrections of some of the pages in a will occurred.
There was no question that the will contain mistakes and that they were corrected. The question was whether the corrections were made after the will was executed or before. The first thing that the court ruled on was who had the burden of proof. They ruled that the person who was claiming the will was corrected after it was executed had the burden of proof. While there was some conflicting evidence, the trial judge ruled that the corrections were made before the will was executed. On appeal, the appeals court ruled that the person claiming that the will was executed before the corrections were made did not meet their burden of proof and therefore ruled against them. No one stated directly that the will was corrected after it was executed. There was some circumstantial evidence that the attorney took the will back to his office at one point, made the corrections and returned but no one said definitely this took place after the will was executed. The will was admitted to probate. No. 05-11-00246-CV.
Copyright by Robert Ray a Texas inheritance attorney. The foregoing information is general in nature and does not apply to every fact situation. If you are concerned about inheritance laws, inheritance rights, have a family inheritance dispute, a property dispute or want information about contesting a will and need an inheritance lawyer, we can help. Please go to our main site www.texasinheritance.com and use the contact form to contact us today. We are Texas inheritance lawyers and would love to learn about your case and there is no fee for the initial consultation.
