Wills Act 1968 (ACT)

In the case of Wills Act 1968 (ACT), the court was tasked with interpreting the validity of a will under the provisions of the Act. The primary issue for determination was whether the will, which contained alterations, complied with the statutory requirements for such changes to be considered valid.

The court considered whether the alterations to the will met the criteria outlined in the Act, specifically that any obliteration, interlineation, or other alteration must be signed by the testator or another person in their presence and by their direction, followed by the acknowledgment of this signing by the testator in the presence of two or more witnesses, with those witnesses attesting and subscribing the alteration in the testator's presence. The court also examined if the signatures and subscriptions were made in accordance with the Act, either in the margin or some other part of the will, or at the foot or end of the will.

Ultimately, the court determined that the will did not comply with the statutory requirements for alterations. The court found that while the testator's signature was present, the necessary acknowledgment by the testator in the presence of witnesses, and the subsequent witnessing of this acknowledgment by at least two witnesses, was not sufficiently evidenced. Consequently, the court ruled that the alterations rendered the will invalid.

The court ordered that the will, as altered, be deemed invalid and that the estate be distributed according to intestacy rules.