Western Australian Numbered Acts

WILLS AMENDMENT ACT 2007 (NO. 27 OF 2007) - SECT 9

9 .         Section 10 replaced

                Section 10 is repealed and the following section is inserted instead —

“
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.

”.