Australian Capital Territory Current Regulations

COURT PROCEDURES RULES 2006 - REG 3032

    (1)     This rule applies if a person applies for grant of probate or administration of a will that appears to have been altered.

    (2)     The court may require evidence about the alteration.

    (3)     The court must not include the alteration in a grant of representation unless the alteration—

        (a)     was in the will when the will was made; or

        (b)     if made afterwards—was made and attested in a way required by law; or

Note     The

, s 12 (Alteration in will) deals with the validity of alterations made after the execution of the will.

        (c)     was made valid by the remaking of the will or a later codicil.

    (4)     If it is not shown when the alteration was made, and the words altered can, on inspection, be easily worked out, the original words may be included in the grant of representation.

    (5)     If the erased words may have been of importance, the erasure must be explained by evidence.

    (6)     In this rule:

"alter" includes alter by omission, substitution or addition.