CLOSE SEARCH
Priscilla Presley, widow of Elvis, is challenging an amendment to the will of their daughter Lisa Marie. We discuss what we know so far and how English law treats amendments to wills.
As has been widely reported, Lisa Marie Presley died in California on 12 January 2023. She was the only child of Elvis and Priscilla Presley, as well as a singer-songwriter in her own right.
Lisa Marie’s will originally appointed Priscilla and her former business manager as her trustees. In 2016, she purported to replace them with two of her children, Riley and Benjamin (who died in 2020).
Priscilla claims that the amendment was never delivered to her during her daughter’s lifetime as the will required. She also claims that the amendment misspelt her name and had a signature that appeared unusual.
Under English law it is possible to amend a will with a codicil. This can be used to, among other things, add or remove an executor. It seems as if this is what is alleged in the Presley case.
In order for a codicil to be valid, it must be signed by the testator in the presence of two witnesses present at the same time, who must then also sign in the testator’s presence. These are the same requirements as for a will, but the witnesses to the codicil do not have to be the same people as those for the will.
The grounds for challenging the validity of a codicil are the same as for a will.
Incorrect execution: it was not signed and witnessed correctly
Testamentary capacity: the testator did not have the mental capacity to make the codicil
Lack of knowledge and approval: the codicil did not reflect the testator’s true intentions
Fraud or forgery
Undue influence: the testator was coerced into making the codicil such that it reflects the wishes of the influencer and not the testator
If the Presley case were taking place in England & Wales, it seems as if Priscilla would be alleging incorrect execution and/or forgery, given the unusual appearance of the signature. The misspelling of her name would not be strictly relevant, so long as she is still identifiable.
While the testator is alive, there is no requirement in English law for an executor under a will to be told that they have been replaced in a codicil.
Codicils are most often used to make minor amendments to a will, such as inserting or changing a legacy (a gift of a fixed sum) or appointing an additional executor. However, it is crucial that any codicil be kept together with the original will. Otherwise, the executor might not be aware of it and so distribute the estate in the wrong way!
There is also the danger that the codicil could cause issues with the interpretation of the will. In the case of Barrett v Hammond [2020] EWHC 3585 (Ch), which we have discussed elsewhere on this website, a complicated will was amended by a poorly-drafted codicil. The original will divided the estate into a number of parts to be shared by beneficiaries, but the codicil did not deal with all of those parts and so a court application was required to make sense of the document.
In almost all cases, the safest way to change a will is just to make a new one.
Can't I just cross out the words I want to remove and hand write the new words in?
It is possible to make handwritten amendments on the face of a will, if the testator and witnesses sign or add their initials close to the amendment. This can be done, for example, to correct a typo or update an address.
Some testators try to add a handwritten clause after the original will has been signed. In order to be valid, it must be signed or initialled by the testator and both witnesses, or it will not be recognised as part of the will.
If words are deleted from the will and the amendment has not been executed correctly, the question is whether the original text can still be read. If it can, the amendment is void. If it cannot, the text is treated as blank. The latter can happen where the testator wants to change the amount of a legacy. If the original amount is unreadable and a new amount has been handwritten in, this can be especially problematic and the Probate Registry might require more evidence to see what the original amount was.
The best practice is to use handwritten amendments only to correct typos when the will is actually signed. All other changes should be made by making a new will instead.
We have a thriving Wills, Trusts and Probate team who specialise in making and updating wills. If you would like to make any changes to your will, give us a call on 020 3540 4444, contact us to request a call back or contact us via the contact form and one of our specialist team will be happy to discuss your wishes with you.
Get in touch
If you would like to speak with a member of the team you can contact us on:
