Alterations

Question 1

Which act governs alterations

Answer 1

s21 Wills Act 1837

Question 2

What does s21 Wills Act 1837 state about alterations?

Answer 2

Under s21 an alteration made after the will is only valid if the alteration has been executed or the will re-executed under s9 - testator and two witnesses

Question 3

What three issues are pertinent to any case of alteration?

Answer 3

If alteration made before will is executed s21 is applicable

if the alteration is duly executed it is valid

if the alteration has made any part of the will not apparent and the testator intended to revoke it - partial revocation applies to that part.

Question 4

Can an alteration be made in pencil?

Name a case

Answer 4

Court take the view testator deliberating and alteration not final and therefore invalid

In the Goods of Bellamy 1846

Question 5

Case where presumption rebutted because different coloured ink used to fill spaces

Answer 5

Birch v Birch 1848

Why would a will be made with blank spaces?

Question 6

What evidence required to confirm alteration

Answer 6

Affidavit evidence from drafts men and witnesses is permissible

r14 Non Contentious Probate Rules 1987

Question 7

Case of attested alteration

Answer 7

In the Goods of Bewitt 1880

Signature may be in margin and initials of both testator and witnesses will suffice.

Initials of just witnesses will not suffice - Re White 1991

Question 8

Two cases define ‘apparent’

Answer 8

Re Itter 1950

If extrinsic evidence is required i.e infrared or anything which will physically interfere with will ‘forbidden methods’ - wording not apparent under s21

Townley v Watson 1844

Apparent means optically apparent on face of will - natural means only