Western Australian Current Acts

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WILLS ACT 1970 - SECT 10

10 .         Alterations after execution

        (1)         In subsection (3) —

        apparent means legible by the unaided eye or with the help of a magnifying lens but not otherwise.

        (2)         Subject to Part X, an alteration to a will after it has been executed is not effective unless the alteration is executed in a manner in which a will is required or permitted to be executed by this Act.

        (3)         Subsection (2) does not apply to an alteration to a will made by, or at the direction of, the testator if the words or effect of the will are no longer apparent because of the alteration.

        (4)         If a will is altered, it is sufficient compliance with the requirements for execution if the signatures of the testator and of the witnesses to the alteration, or in the case of a will referred to in section 17 the signature of the testator, are or is 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.

        [Section 10 inserted: No. 27 of 2007 s. 9.]

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