Destruction and alterations of will
Destruction of will:
s20 WA a will may be revoked by burning, tearing or destroying by testator or
another in their presence and by their direction with intention of revoking will.
Must be physical destruction.
If partial destruction of vital part e.g. signature, will may be held to be revoked, or
partially revoked if less important part destroyed.
Will accidently destroyed/lost is not revoked, if contents can be reconstructed from
copy an order may be obtained allowing its admission to probate as valid will after
application to registar, supported by appropriate affidavit evidence from applicant
for grant of probate.
Will known to be in the testator presence but cannot be found is presumed to be
destroyed by testator with intention of revoking it.
Alterations of a will:
Alterations are invalid unless proved they were made before the will was executed,
or executed like a will (initials of testator and witnesses).
If will includes invalid alterations, original wording stands if can be
read/reconstructed from copy – otherwise words are revoked by destruction.
Destruction of will:
s20 WA a will may be revoked by burning, tearing or destroying by testator or
another in their presence and by their direction with intention of revoking will.
Must be physical destruction.
If partial destruction of vital part e.g. signature, will may be held to be revoked, or
partially revoked if less important part destroyed.
Will accidently destroyed/lost is not revoked, if contents can be reconstructed from
copy an order may be obtained allowing its admission to probate as valid will after
application to registar, supported by appropriate affidavit evidence from applicant
for grant of probate.
Will known to be in the testator presence but cannot be found is presumed to be
destroyed by testator with intention of revoking it.
Alterations of a will:
Alterations are invalid unless proved they were made before the will was executed,
or executed like a will (initials of testator and witnesses).
If will includes invalid alterations, original wording stands if can be
read/reconstructed from copy – otherwise words are revoked by destruction.
