Additions, Alterations & Obliterations

Question 1

When are ‘Alterations’ PRESUMED to have been made to the Will?

Answer 1

Presumption - made AFTER Will EXECUTED

Question 2

How can the Presumption that ‘Alterations’ were made AFTER the will was EXECUTED be Rebutted?

Answer 2

Evidence (e.g. Witness / Affidavit Evidence)

Question 3

What is the Rule on whether ‘Alterations’ made to a will BEFORE it is executed are valid?

Answer 3

Alterations BEFORE Will executed - VALID

Question 4

(1) What is the GENERAL Rule on whether ‘Alterations’ made AFTER a Will is EXECUTED are Valid?
(2) What are the 2 Exceptions to this rule?

Answer 4

(1) Alterations made AFTER will Executed - NOT VALID
Unless
(2)
(a) S9 WA Formalities complied with
(b) CANNOT read Original Will

Question 5

Alterations made AFTER a will is Executed are NOT Valid UNLESS S9 WA Formalities complied with.

What are these 4 formalities?

Answer 5

(1) Alterations SIGNED / INITIALS (next to ‘alteration’)
(2) By TESTATOR OR person under their ‘direction’ and in their ‘presence’
(3) In PRESENCE OF MIN 2 WITNESSES AT SAME TIME
(3) SIGNED by WITNESSES in PRESENCE OF T

Question 6

What does ‘Obliteration’ mean?

Answer 6

Covering words so they CANNOT be read at ALL

Question 7

Will wording in a will be treated as ‘Obliterated’ IF it can be read using a:
(a) Copy of will
(b) Magnifying glass
(c) Computer software

Answer 7

(a) Obliterated
(b) NOT Obliterated
(c) Obliterated
Why? - No COPIES & Only use human eye

Question 8

(1) What is the GENERAL rule for wording that is ‘OBLITERATED’ in the Will?
(2) What is the Exception to this?

Answer 8

(1) ‘Obliterated Wording’ REMOVED
(2) Obliteration + FAILED SUBSTITUTION

Question 9

How would you read the sentence in a will ‘I give £10 to Joe’ if Joe was Obliterated?

Answer 9

I give £10 to [BLANK]

Question 10

An exception to the Rule that ‘Obliterated Wording’ is REMOVED in a Will is if there is ‘OBLITERATION + FAILED SUBSTITUTION’.

If the substitute wording has (a) NOT been executed properly or (b) Illegible, what rule MAY the Court Apply?

Answer 10

‘Conditional Revocation Rule’

Question 11

If the ‘CONDITIONAL REVOCATION RULE’ rule has been applied to a will that has been OBLITERATED + FAILED SUBSTITUTION will the following be VALID:
(a) Substitue Wording
(b) Obliteration
(c) Original Wording

Answer 11

(a) Substitute wording - INVALID
(b) Obliteration - INVALID
(c) Original Wording - VALID IF Evidence of Original Wording (e.g. copy original Will)

Question 12

If the ‘CONDITIONAL REVOCATION RULE’ rule has been applied to a will that has been OBLITERATED + FAILED SUBSTITUTION will the ORIGINAL WORDING be VALID?

Answer 12

YES IF F Evidence of Original Wording (e.g. copy original Will)

Question 13

Can a COPY of the Original Will be used to:
(1) Determine of wording is ‘Obliterated’ on the original?
(2) Allow original wording of the will to be used when it is OBLITERATED + FAILED SUBSTITUTION using the ‘Conditional Revocation’ Rule

Answer 13

(1) NO
(2) YES

Question 14

What is the RULE about ‘Alterations’ made in PENCIL?

Answer 14

PRESUMPTION NOT Intended