WILLS ACT 1968
Table of Provisions
PART 1--PRELIMINARY
- 1 Name of Act
- 2 Dictionary
- 3 Notes
- 5 Application of Act
PART 2--WILLS
- 7 Person may dispose of all his or her property by will
- 8 Children—testamentary capacity
- 8A Supreme Court enabling will by child
- 8B Supreme Court enabling revocation of will by child
- 9 Will to be in writing and signed before 2 witnesses
- 10 When signature to will valid
- 11 Appointments by will
- 11A Validity of will etc not executed with required formalities
- 12 Alteration in will
- 12A Rectification
- 12B Extrinsic evidence
- 13 Publication of will unnecessary
- 14 Will not voided by incompetence of witness
- 14A Certain appointments and trusts not void
- 15 Will attested by beneficiary or domestic partner of beneficiary
PART 2A--FORMAL VALIDITY OF WILLS
- 15A Definitions for pt 2A
- 15B System of law to be applied
- 15C General rule as to formal validity
- 15D Additional rules as to formal validity
- 15E Relevance of formal requirements for making
- 15F Certain requirements to be treated as formal
- 15G Construction of will not affected by later change of domicile
- 15H Application of pt 2A
PART 3--TESTAMENTARY DISPOSITIONS BY MEMBERS OF THE DEFENCE FORCE
PART 3A--COURT AUTHORISED WILLS FOR PEOPLE WITHOUT TESTAMENTARY CAPACITY
- 16A Court may authorise will to be made, altered or revoked for person without
- 16B Information required in support of application for leave
- 16C Hearing of application for leave
- 16D Hearing of application for order
- 16E Court must be satisfied about certain matters
- 16F Execution of will made under order
- 16G Retention of will
- 16H Separate representation of person without testamentary capacity
- 16I Recognition of statutory wills
PART 3B--INTERNATIONAL WILLS
- 16J Definitions—pt 3B
- 16K Application of convention
- 16L Persons authorised to act in connection with international wills
- 16M Application of Act to international wills
PART 4--MISCELLANEOUS
- 17 Meaning of will
- 18 Creditor to be admitted as witness
- 19 Executor to be admitted as witness
- 20 Revocation of will by testator's marriage, civil union or civil
- 20A Effect of termination of marriage, civil union or civil
- 21 Revocation of will
- 22 Revival of revoked will
- 23 Will disposes of balance of property of testator at his or her
- 24 Will speaks from death of the testator
- 25 What a residuary devise includes
- 26 What a general devise or bequest includes
- 27 How a devise without words of limitation is construed
- 28 How the words ‘die without issue' or ‘die without leaving
- 28A Devises to people who have altered their sex
- 29 Devises to trustees or executors
- 30 Trustees under an unlimited devise etc to take the fee
- 30A Intermediate income on future and contingent bequests and devises
- 31 Gifts to issue
- 31A Legitimacy of issue
- 31B Distribution to issue
- 31C Beneficiary not surviving deceased person
- 32 Wills may be deposited with registrar
- 33 Register of wills deposited with the registrar
- 34 Searches
PART 5--TRANSITIONAL
- 35 Application of amendments and provisions
- 36 Transfer of wills deposited with registrar