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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

  • 16 Wills of soldiers etc  

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

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