Victorian Current Acts

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WILLS ACT 1997 - SECT 15

Can a will be altered?

    (1)     An alteration to a will after it has been executed is not effective unless the alteration is executed in the manner in which the will is required to be executed under this Act.

    (2)     Subsection (1) does not apply to an alteration to a will if the words or effect of the will are no longer apparent because of the alteration.

    (3)     If a will is altered, it is sufficient compliance with the requirements for execution, if the signature of the testator and of the witnesses to the alteration are made—

        (a)     in the margin, or on some other part of the will beside, near or otherwise relating to the alteration; or

        (b)     as authentication of a memorandum referring to the alteration and written on the will.

S. 15(4) inserted by No. 11/2021 s. 84.

    (4)     For the purposes of this section, a will may be altered by using the remote execution procedure and that alteration is a valid alteration.

S. 15(5) inserted by No. 11/2021 s. 84.

    (5)     For the purposes of this section, a signature may be an electronic signature if the remote execution procedure is used.



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