Preserving the Original Physical State of the Will (Victoria)

It is important to ensure that the will is preserved in its original state. An executor should inspect the will to assess if it has been altered in any way. Alterations can include removed staples or paperclips, paperclip indents, holes from hole punchers and crossed out text.

Why is it important to check for alterations? Sometimes alterations can indicate that the will maker revoked their will, or that the will has been tampered with. In other cases, it may be that the will maker made a valid alteration to the text under section 15 of the Wills Act 1997 (Vic). And in other instances, alterations are simply made by mistake. If the will has been altered in any way, keep it in the condition it was found and seek advice from a lawyer.

Note: Asher Law articles are intended to be a general guide only and do not constitute legal advice. For personalised legal advice, please consult with a legal practitioner.