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Wills Act 1968
12Alteration in will
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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.
Part 2 Wills
Section 12A
page 10 Wills Act 1968
Effective: 23/02/26
R22
23/02/26
Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au