WILLS ACT 2000

Table of Provisions

• Long Title

PART 1--PRELIMINARY

• 1 Short title  
• 2 Commencement  
• 3 Definitions  
• 4 Purpose  
• 5 Application of Act  

PART 2--CAPACITY AND FORMAL REQUIREMENTS

Division 1--Capacity

• 6 Property that may be disposed of by will  
• 7 Minimum age for making will  

Division 2--Execution of wills

• 8 How wills should be executed  
• 9 Witnesses need not know the contents of what they are signing  
• 10 When Court may dispense with requirements for execution of wills  
• 11 Persons who may not be witnesses to wills  
• 12 Can interested witnesses benefit from dispositions under wills?  

Division 3--Revocation, alteration and revival of wills

• 13 How wills may be revoked  
• 14 Effect of marriage on wills  
• 15 Effect of divorce etc. on wills  
• 16 How wills may be altered  
• 17 How wills may be revived  

PART 3--WILLS MADE OR RECTIFIED UNDER COURT AUTHORISATION

Division 1--Wills made by minors

• 18 Court may authorise wills by minors  

Division 2--Wills for persons without testamentary capacity

• 19 Court may make certain orders regarding persons without testamentary capacity  
• 20 Leave of Court is required to make application  
• 21 Court must be satisfied as to certain matters  
• 22 Orders Court may make on application for leave  
• 23 Application for authorisation of making etc. of will  
• 24 Execution of will  
• 25 Retention of will or instrument  
• 26 Recognition of statutory wills  

Division 3--Rectification of wills by Court

• 27 Court may rectify will  

PART 4--CONSTRUCTION OF WILL

• 28 What interests in property do wills dispose of?  
• 29 When do wills take effect?  
• 30 Effect of failure of dispositions  
• 31 Use of extrinsic evidence to clarify wills  
• 32 Effect of change in testator's domicile  
• 33 Income on contingent, future or deferred dispositions  
• 34 Beneficiaries must survive testator by 30 days  
• 35 What do general dispositions of property include?  
• 36 What do general dispositions of land include?  
• 37 Effect of devise of real property without words of limitation  
• 38 How dispositions to issue operate  
• 39 How requirements to survive with issue are to be construed  
• 40 Dispositions not to fail because issue have died before testator  
• 41 Construction of dispositions  
• 42 Legacies to unincorporated associations of persons  
• 43 Can persons delegate, by will, power to dispose of property?  
• 44 Effect of referring to valuation in a will  

PART 5--WILLS UNDER FOREIGN LAW

• 45 Definition of internal law  
• 46 General rule as to formal validity  
• 47 Ascertainment of system of internal law  
• 48 Construction of the law applying to wills under foreign law  
• 48A Part does not limit international wills provisions  

PART 5A--INTERNATIONAL WILLS

• 48B Definitions  
• 48C Application of Convention  
• 48D Persons authorised to act in connection with international wills  
• 48E Witnesses to international wills  
• 48F Application of Act to international wills  

PART 6--DEPOSIT OF WILLS WITH PRESCRIBED PERSON

• 49 Prescribed person  
• 50 Will may be deposited with prescribed person  
• 51 Delivery of will by prescribed person  
• 52 Examination of will by prescribed person  
• 53 Failure to retain will does not affect validity of will  

PART 7--MISCELLANEOUS

• 54 Persons who are entitled to see will  
• 55 Personal representative may make maintenance distribution within 30 days  
• 56 Regulations  
• 57 Repeal  
• 58 Savings  
• SCHEDULE
ENDNOTES