Alterations and obliterations to Wills

Question 1

Obliterations what are they

Answer 1

Obliterations are where the original words are completely undecipherable

Question 2

Alterations what are they

Answer 2

Original wording can be deciphered by removal of the thing obstructing the original wording – erasing pencil marks or ignoring hand written amendments

Question 3

Was the alteration made before or after execution- presumption

Answer 3

Presumption is that if alterations are not attested /initialed by T & witnesses it was made after execution and is therefore invalid unless evidence to the conta is provided

Question 4

Assumption - Alteration in pencil and not attested/or evidenced as before execution

Answer 4

Assumption is made that T was deliberating and alteration is not valid

Question 5

Filling in a blank space -presumption

Answer 5

the only form of alteration where the presumption is reversed and the alteration is valid

Question 6

Alterations/obliterations made after execution

Answer 6

S21 Wills Act

Question 7

how to execute alterations

Answer 7

same as execution for will but can be initials rather then signature

Question 8

Alteration and obliterations that are executed by T & Witnesses

Answer 8

Alteration or obliterations are vaild

Question 9

Alteration or interlineations where original text apparent and not executed- affect

Answer 9

Original gift will stand

Question 10

Unexecuted obliterations -effect

Answer 10

if original wording is not apparent through natural means (using a magnifying glass/holding paper up to the light ) text is said to be obliterated Will will be admitted with a blank space - so gift would fail and is classified as a partial revocation

Question 11

Obliterations must be intentional effect of unintended obliterations

Answer 11

Unintentional obliterations such as spilt ink or obliterated by a third party - original wording will apply but evidence as to the original wording must be provided - such as a copy of the will.

Question 12

Sticky labels that can be removed- effect

Answer 12

if T intended the original wording to be obliterated only if the replacement is valid but if not valid the original wording will stand.

Question 13

Sticky labels that cant be removed-effect

Answer 13

if T intended the original wording to be obliterated only if the replacement is valid but if not valid the original wording will stand. it original wording cant be read evidence of a copy will can be used otherwise the gift fails