Northern Territory Consolidated Acts

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WILLS ACT - SECT 16

How wills may be altered

    (1)     An alteration made to a will after the will is executed is not effective unless the alteration:

        (a)     is executed in a manner in which a will is required to be executed by this Act;

        (b)     is made by a minor pursuant to an order of the Court made under section 18(1) and is otherwise in accordance with section 18;

        (c)     is made for and on behalf of a person without testamentary capacity pursuant to an order of the Court made under section 19(1) and is otherwise in accordance with Division 2 of Part 3; or

        (d)     is a document that under section 10 the Court is satisfied embodies testamentary intentions of a deceased person and so constitutes an alteration to the will of the deceased person; or

        (e)     obliterates words in the will so that their effect is no longer apparent.

    (2)     In altering a will, it is sufficient compliance with the requirements for execution if the signatures of the testator and of the witnesses to the alteration are made:

        (a)     in the margin or on some other part of the will beside, near or otherwise in relation to the alteration; or

        (b)     as authentication of a memorandum referring to the alteration and written on the will.

    (3)     This section does not apply to an alteration to a will if the words or effect of the will are no longer apparent because of the alteration.



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