Alteration to Wills and Use of Codicils
| Author | Lesley King/Peter Gausden |
| Pages | 63-65 |
Page 63
6 Alteration to Wills and
Use of Codicils
Section 21 of the WA 1837 provides that alterations made to a will after execution are invalid unless the alterations are executed like a will. The initials of the testator and witnesses in the margin beside the alteration are sufficient for this purpose.
6.1 Alterations made before execution
An alteration made before execution is valid but alterations are presumed to be made after execution. This means unless it can be proved that they were made before the will was executed, they will be ineffective. The safe course is, therefore, for the testator and witnesses to initial and date all alterations, whenever made.
6.2 Alterations made after execution
Unless executed like a will, the alteration is invalid and the original wording is admitted to probate so long as it is ‘apparent’. Wording is regarded as apparent if it can be read by ordinary means, such as close inspection through a magnifying glass or holding the document up to the light.
What if the original wording is not apparent? If the original words have been obliterated in such a way they can no longer be read, those words have effectively been revoked by destruction. The rest of the will remains valid and takes effect with the omission of the obliterated words.
The court may decide that the testator’s intention to revoke the obliterated words was conditional only. This inference is most likely where the...
Get this document and AI-powered insights with a free trial of vLex and Vincent AI
Get Started for FreeStart Your Free Trial of vLex and Vincent AI, Your Precision-Engineered Legal Assistant
-
Access comprehensive legal content with no limitations across vLex's unparalleled global legal database
-
Build stronger arguments with verified citations and CERT citator that tracks case history and precedential strength
-
Transform your legal research from hours to minutes with Vincent AI's intelligent search and analysis capabilities
-
Elevate your practice by focusing your expertise where it matters most while Vincent handles the heavy lifting
Start Your Free Trial of vLex and Vincent AI, Your Precision-Engineered Legal Assistant
-
Access comprehensive legal content with no limitations across vLex's unparalleled global legal database
-
Build stronger arguments with verified citations and CERT citator that tracks case history and precedential strength
-
Transform your legal research from hours to minutes with Vincent AI's intelligent search and analysis capabilities
-
Elevate your practice by focusing your expertise where it matters most while Vincent handles the heavy lifting
Start Your Free Trial of vLex and Vincent AI, Your Precision-Engineered Legal Assistant
-
Access comprehensive legal content with no limitations across vLex's unparalleled global legal database
-
Build stronger arguments with verified citations and CERT citator that tracks case history and precedential strength
-
Transform your legal research from hours to minutes with Vincent AI's intelligent search and analysis capabilities
-
Elevate your practice by focusing your expertise where it matters most while Vincent handles the heavy lifting
Start Your Free Trial of vLex and Vincent AI, Your Precision-Engineered Legal Assistant
-
Access comprehensive legal content with no limitations across vLex's unparalleled global legal database
-
Build stronger arguments with verified citations and CERT citator that tracks case history and precedential strength
-
Transform your legal research from hours to minutes with Vincent AI's intelligent search and analysis capabilities
-
Elevate your practice by focusing your expertise where it matters most while Vincent handles the heavy lifting
Start Your Free Trial of vLex and Vincent AI, Your Precision-Engineered Legal Assistant
-
Access comprehensive legal content with no limitations across vLex's unparalleled global legal database
-
Build stronger arguments with verified citations and CERT citator that tracks case history and precedential strength
-
Transform your legal research from hours to minutes with Vincent AI's intelligent search and analysis capabilities
-
Elevate your practice by focusing your expertise where it matters most while Vincent handles the heavy lifting