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WILLS 2

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  WILLS PART 2 ALTERATION OF WILLSREVOCATION OF WILLSREVIVAL OF WILLS    ALTERATION.. Meaning?  change, adjustment, adaptation, modification, variation, revision, amendment  Type of Alteration in Act?  Section 15 Wills Act 1959:“…obliteration, interlineation or other alteration”  Obliteration: expunge, delete, cancel, erase  Interlineation: The rocess o writin between the lines o an instrument; ALTERATION OF WILLS    An alteration is valid if the testator intends the alteration to form part of the will and the alteration is made before the will is executed   An alteration is valid where it is final and not merely deliberative  Rebuttable Presumption applicable:‐ a)  that the alteration in pencil is deliberative and an alteration in ink is final b)  that an unattested alteration was made after the will was executed, however can be rebutted b evidence to c)  that where a will was made by a testator while rivile ed, an alterations too where made   while ALTERATION MADE BEFORE THE WILL EXECUTED    Section 15 Wills Act 1959 …No obliteration, interlineation or other alteration made in any will after the execution thereof shall be valid or have any effect except so far as the words or effect of the will before such alteration shall not be apparent, unless such alteration shall be executed in like manner as hereinbefore is required  for the execution of the will; but the will, with such alterationas part thereof, shall be deemed to be duly executed if the signature of the testator and the subscription of the witnesses be made in the margin or on some other part of the will opposite or near to such alteration or at the foot or end of or opposite to a memorandum referring to such  Section 13 Wills Act 1959 …No will shall be revoked by any presumption of an intentionon the round o an alteration in circumstances…”  ALTERATION MADE AFTER THE WILL EXECUTED
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