Alterations

Question 1

Who has onus in proving alterations?

Answer 1

• Onus shifts depending on kind of will
• Attested wills= presumption that any alterations made after execution, onus on someone trying to prove it happened before
• Holographic= presumption alterations made prior to execution, onus on person saying not valid alteration

Question 2

Obliteration Alterations

Answer 2

• Do not need to comply with rules that generally govern alterations (akin to physical destruction)
• Partial destruction of a will (if you physically cut something out/ obliterate it then alteration approved)

Question 3

Douglas Estate

Answer 3

Facts: covered part with whiteout

Ratio: Original words could not be deciphered. Test- is it apparent to the human eye? Not probated, not for us to scratch off so obliterated

Question 4

Finch v Comb

Answer 4

Facts: testator put paper over it so if you just look at it you can’t see but if you hold to the light you can

Ratio: probatable

Question 5

Re Itter

Answer 5

Facts: Hired a handwriting expert who read the will with infrared camera

Ratio: not probated, this was too much

Question 6

Estate of Stackhouse

Answer 6

Facts: Someone marked out words with black marker, no evidence of who did it

Ratio: court asked people to see if they could read it and two people could. No signature to show it was her. Probated, marker has no effect could still read it.

Question 7

Altering will and substituting with instructions/ gifts for someone else

Answer 7

• If attested will, alterations must be attested
• If holographic, just testator needs to sign
• Not sufficient to just cross out or initial, if completely obliterated that’s different

Question 8

Alterations on attested wills deemed holographic codicils

Answer 8

• Capable of probate on their own
• Difference is whether or not what is written on will is capable of probate on its own
• Some kind of instruction the court is capable of understanding and carrying out
• Codicil doesn’t have to be separate document

Question 9

Undue influence, capacity, mistake

Answer 9

Apply to alteration just like they do to a will