View source for How a Will may be altered
Jump to:
navigation
,
search
'''Queensland:''' An alteration to a will after it has been executed is not effective unless the alteration is executed in the manner in which a will is required to be executed under Sections 20 or 26. If a will is altered, it is sufficient compliance with the requirements under this section for execution of the alteration, if the signature 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 relating to the alteration; or (b) as authentication of a memorandum referring to the alteration &written on the will. http://www.austlii.edu.au/au/legis/qld/consol_act/sa1981138/s16.html '''New South Wales:''' Alteration to a will after it has been executed is not effective unless alteration is (a)executed in manner in which will is required to be executed u/ this Pt, or (b) is made by a minor by authority of order of the Court u/s.16 and is executed in accordance with, and satisfies req. for such a will set out in, s.16 (5), or(c) is made for and on behalf of a person who does not have testamentary capacity by authority of an order u/s.18 & satisfies req. for such a will set out in s.23. If a will is altered, it is sufficient compliance with the req. for execution if the sign. of testator and of witnesses to alteration are made:(a) in the margin, or on some other part of the will beside, near or otherwise relating to the alteration, or (b) as authentication of a memorandum referring to the alteration and written on the will. http://www.austlii.edu.au/au/legis/nsw/consol_act/sa2006138/s14.html '''Northern Territory:''' Alteration made to a will after it is executed is not effective unless alteration:(a) is executed in manner in which a will is required to be executed by the Act;(b) is made by a minor pursuant to order of Court made u/s.18(1) & is otherwise in acc. with s.18;(c) is made for and on behalf of a person without test. capacity pursuant to an order of Court made under section 19(1) and is otherwise in accordance with Div2 of Pt 3; or(d) is a document that under s.10 Court is satisfied embodies test. intentions of deceased and so constitutes alteration to the will of deceased; or(e) obliterates words in will so that their effect is no longer apparent.(2) In altering a will, it is sufficient compliance with req. for execution if sign. of testator & of witnesses to alteration are made:(a) in margin or on sm other part of will beside, near or otherwise in relation to alteration; or(b) as authenticatio of a memo. referring to alteration and written on will. http://www.austlii.edu.au/au/legis/nt/consol_act/wa91/s16.html '''South Australia:''' No alteration in a will has any effect unless executed as a will; but the will with alteration is to be taken to be duly executed if sign. of testator and subscription of witnesses are made in margin or on sm other part of will opposite/or near to alteration or at foot/end/opposite to a memo. referring to alteration and written at the end or some other part of the will. http://www.austlii.edu.au/au/legis/sa/consol_act/wa193691/s24.html '''Tasmania:''' No alteration in a will has any effect unless executed as a will; but the will with alteration is to be taken to be duly executed if sign. of testator and subscription of witnesses are made in margin or on sm other part of will opposite/or near to alteration or at foot/end/opposite to a memo. referring to alteration and written at the end or some other part of the will. http://www.austlii.edu.au/au/legis/tas/consol_act/wa200891/s18.html '''Victoria:''' An alteration to a will after it has been executed is not effective unless the alteration is executed in the manner in which the will is required to be executed under the Act. If a will is altered, it is sufficient compliance with the requirements under this section for execution of the alteration, if the signature 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 relating to the alteration; or (b) as authentication of a memorandum referring to the alteration and written on the will. http://www.austlii.edu.au/au/legis/vic/consol_act/wa199791/s15.html '''Western Australia:''' An alteration to a will after it has been executed is not effective unless the alteration is executed in the manner in which the will is required to be executed under the Act. If a will is altered, it is sufficient compliance with the requirements under this section for execution of the alteration, if the signature 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 relating to the alteration; or (b) as authentication of a memorandum referring to the alteration and written on the will. http://www.austlii.edu.au/au/legis/wa/consol_act/wa197091/s10.html '''ACT:''' An alteration made in a will after the execution of the will is not valid except so far as a word in the will or the effect of the will before the alteration is not apparent, unless—(a) alteration is signed by testator or by anr person in presence of and by direction of testator; & (b)sign of testator is made/acknowledged, or the sign. of person who signs the will by direction of testator is acknowledged, by testator in presence of 2 or more witnesses present at same time; &(c) 2 or more of those witnesses each attest that signing or that acknowledgment of that signing and subscribe the alteration in the presence of testator and of other witness(s). If a will is altered, it is sufficient compliance with the requirements under this section for execution of the alteration, if the signature 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 relating to the alteration; or (b) as authentication of a memorandum referring to the alteration &written on the will. http://www.austlii.edu.au/au/legis/act/consol_act/wa196891/s12.html '''Draft Wills Bill 1997:''' An alteration to a will after it has been executed is not effective unless the alteration is executed in the manner in which a will is required to be executed by this Act or occurs under Division 1 or 2 of Part 3. If a will is altered, 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 relating to the alteration, or (b) as authentication of a memorandum referring to the alteration and written on the will. http://www.lawlink.nsw.gov.au/lrc.nsf/pages/R85APPENDIXA
Return to
How a Will may be altered
.
Navigation menu
Personal tools
Log in
Namespaces
Page
Discussion
Variants
Views
Read
View source
View history
Actions
Search
Navigation
Main page
Community portal
Current events
Recent changes
Random page
Help
Toolbox
What links here
Related changes
Special pages
Page information