QLDIn ForceAct
Succession Act 1981
sec.16How a will may be altered
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### sec.16 How a will may be altered
An alteration to a will after it has been executed is not effective unless the alteration—
is executed in the way a will is required to be executed under this part; or
is authorised by an order under section 19 and is executed under section 20 ; or
is authorised by an order under section 21 and is executed under section 26 .
Subsection (1) does not apply to an alteration to a will made by, or at the direction of, the testator if the words or effect of the will are no longer apparent because of the alteration.
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—
in the margin or on some other part of the will beside, near or otherwise relating to the alteration; or
as authentication of a memorandum referring to the alteration and written on the will.
s 16 sub 2006 No. 1 s 6
(sec.16-ssec.1) An alteration to a will after it has been executed is not effective unless the alteration— is executed in the way a will is required to be executed under this part; or is authorised by an order under section 19 and is executed under section 20 ; or is authorised by an order under section 21 and is executed under section 26 .
(sec.16-ssec.2) Subsection (1) does not apply to an alteration to a will made by, or at the direction of, the testator if the words or effect of the will are no longer apparent because of the alteration.
(sec.16-ssec.3) 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— in the margin or on some other part of the will beside, near or otherwise relating to the alteration; or as authentication of a memorandum referring to the alteration and written on the will.
- (a) is executed in the way a will is required to be executed under this part; or
- (b) is authorised by an order under section 19 and is executed under section 20 ; or
- (c) is authorised by an order under section 21 and is executed under section 26 .
- (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.