MEANING

ALTERATION : CHANGE, ADJUSTMENT, ADAPTATION, MODIFICATION, VARIATION, REVISION,

AMENDMENT

OBLITERATION: EXPUNGE, DELETE, CANCEL, ERASE

INTERLINEATION:THE PROCESS OF WRITING BETWEEN THE LINES OF AN INSTRUMENT; THAT

WHICH IS WRITTEN BETWEEN THE LINES OF A DOCUMENT.
 SECTION 15 OF WILLS ACT 1959
EFFECT OF OBLITERATION, INTERLINEATION OR ALTERATION
15. NO OBLITERATION, INTERLINEATION OR OTHER ALTERATION MADE IN ANY WILL AFTER THE EXECUTION
THEREOF SHALL BE VALID OR HAVE ANY EFFECT EXCEPT SO FAR AS THE WORDS OR EFFECT OF THE WILL BEFORE
SUCH ALTERATION SHALL NOT BE APPARENT, UNLESS SUCH ALTERATION SHALL BE EXECUTED IN LIKE MANNER AS
HEREINBEFORE IS REQUIRED FOR THE EXECUTION OF THE WILL; BUT THE WILL, WITH SUCH ALTERATION AS PART
THEREOF, SHALL BE DEEMED TO BE DULY EXECUTED IF THE SIGNATURE OF THE TESTATOR AND THE SUBSCRIPTION
OF THE WITNESSES BE MADE IN THE MARGIN OR ON SOME OTHER PART OF THE WILL OPPOSITE OR NEAR TO SUCH
ALTERATION OR AT THE FOOT OR END OF OR OPPOSITE TO A MEMORANDUM REFERRING TO SUCH ALTERATION AND
WRITTEN AT THE END OR SOME OTHER PART OF THE WILL.
 VALID ALTERATION

NO ALTERATION OF WILL WOULD TAKE EFFECT UNLESS:-

1) ALTERATION IS EXECUTED IN THE SAME MANNER AS THE EXECUTION OF THE WILL ITSELF
A) TESTATOR MUST EITHER SIGN OR ACKNOWLEDGE HIS SIGNATURE IN THE PRESENCE OF TWO OR MORE
WITNESSES, WHO THEN SIGN IN THE PRESENCE OF THE TESTATOR
B) SIGNATURE MAY BE IN THE FORM OF INITIALS AT THE MARGIN, OR OPPOSITE, OR NEAR THE ALTERATIONS,
OR AT THE FOOT OR END OF, OR OPPOSITE A MEMORANDUM REFERRING TO THE ALTERATIONS.
2) THE WORDS OR EFFECT OF THE WILL PRIOR TO THE ALTERATION IS NO LONGER APPARENT
A) APPARENT MEANS WORDS WHICH CAN BE DECIPHERED FROM THE FACE OF THE WILL BY NATURAL
MEANS. THE USE OF MAGNIFYING GLASS HAS, HOWEVER BEEN HELD TO BE PERMISSIBLE (IN THE GOODS OF
BRASSIER (1899)
B) IN DETERMINING WHETHER THE WORDS ARE APPARENT, NO PHYSICAL INTERFERENCE WITH THE WILL
(WITH THE USE OF CHEMICAL) OR EXTRINSIC EVIDENCE IS PERMITTED
C) THE ALTERATION WHICH RENDER PART OF THE WILL NOT APPARENT MUST BE DONE BY THE TESTATOR
WITH THE INTENTION OF ALTERING/REVOKING IT. IN DETERMINING THE INTENTION OF THE TESTATOR TO
ALTER/REVOKE, EXTRINSIC EVIDENCE IS ADMISSIBLE.
CASES

• RE ITTER (1950) 1 ALL ER 68

• RE CHOO KI KIEW (1949) MLJ 144
• RE LEE KIM CHYE [1936] MLJ 60