My father had his will done and it was sign with the wrong date, (it's the date of being drawn), not he date of signing which was one and half months later. (2 witnesses were present at time of signing) Do I have to have a new will done with new witnesses or can it be amended? Is the present will still valid, and cannot be challange?
With the testimony of the witnesses it should be accepted as authentic. I assume that the witnesses signed on the same date that he did since that is how it is supposed to be done. If they are available, I would have your dad put the correct date that he signed in his own hand writing and initial it and have the witnesses sign indicating that they observed him correcting the date of execution and concur that he made that change consistent with the terms of their original attestation of his signature on the will before it was corrected to reflect the actual date he signed it.
Another alternative, if the wrongly dated will accurately states his wishes would be to simply retype it with the current date and have him sign in front of two witnesses and have them sign as well to attest. Then, have him destroy the flawed will and put the newly signed one in safekeeping.
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Although the date should have been changed I think it is still valid since you had witnesses and a notary and the intents are the same as when it was started.
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I would say that you do not need to have the will redone. I have a couple of questions for you, though. Was the Will drawn up by an attorney or was this a homemade document? The answer could make a difference in how difficult it would be to successfully challenge the Will.
Strangely enough, there is no requirement that a Will be dated. It is something that is almost always done, in order to distinguish the Will in question from other Wills. The Will with the latest date is generally the document that controls. There is no requirement for there to be a date, however, so that alone would not be a reason to contest it. If there is any significance to the date, then you may want to review the effect with an attorney.
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