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WILLS ACT 1968 - SECT 12 Alteration in will

WILLS ACT 1968 - SECT 12

Alteration in will

    (1)     An obliteration, interlineation, or other alteration made in a will after the execution of the will is not valid or effectual for any purpose, except so far as a word in the will or the effect of the will before the alteration is not apparent, unless—

        (a)     the obliteration, interlineation or alteration is signed by the testator or by another person in the presence of and by the direction of the testator; and

        (b)     the signature of the testator is made or acknowledged, or the signature of the person who signs the will by the direction of the testator is acknowledged, by the testator in the presence of 2 or more witnesses present at the same time; and

        (c)     2 or more of those witnesses each attest that signing or that acknowledgment of that signing and subscribe the obliteration, interlineation or alteration in the presence of the testator and of the other witness or witnesses.

    (2)     An obliteration, interlineation or other alteration made in a will after the execution of the will shall be deemed to comply with the provisions of subsection (1) if the signature of the testator or of the person who signs on behalf of the testator and the subscription of the witnesses, in relation to the obliteration, interlineation or other alteration, are made—

        (a)     in the margin, or on some other part of the will, opposite or near to the obliteration, interlineation or other alteration; or

        (b)     at the foot or end of, or opposite to, a memorandum that refers to the obliteration, interlineation or other alteration and is written at the end, or at another part, of the will.