Legal Definitions - material alteration

A material alteration refers to a significant change made to a document or object that fundamentally changes its meaning, legal effect, or the rights and obligations of the parties involved. For an alteration to be considered "material," it must be substantial enough to affect the core purpose or enforceability of the item in question, rather than being a minor or insignificant modification.

Here are some examples to illustrate this concept:

• Example 1: A Real Estate Contract

  Imagine a signed contract for the sale of a house. After both the buyer and seller have signed, the seller, without the buyer's knowledge or consent, crosses out the agreed-upon purchase price of "$500,000" and writes in "$550,000." This would be considered a material alteration because changing the purchase price directly impacts the core financial terms of the agreement and fundamentally alters the obligations of both parties. The original contract, with the altered price, might no longer be enforceable as intended.

• Example 2: A Promissory Note

  Consider a promissory note, which is a written promise to pay a specific sum of money to a specific person by a specific date. If the person who is owed the money (the payee) secretly changes the due date from "December 31st" to "November 30th" after the note has been signed by the borrower, this constitutes a material alteration. The change in the due date significantly affects the borrower's obligation and the timeframe for repayment, potentially leading to an earlier default or different interest calculations, thereby altering the legal effect of the note.

• Example 3: A Last Will and Testament

  Suppose a person creates and properly signs a will, leaving their entire estate to their two children equally. After the will is signed and witnessed, a third party, without the testator's (the person who made the will) knowledge or consent, adds a new clause that diverts a significant portion of the estate to a distant relative. This addition would be a material alteration because it drastically changes the distribution of assets, which is the primary purpose of a will, and directly impacts the inheritance rights of the original beneficiaries.