Northern Territory Consolidated Acts

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WILLS ACT - SECT 12

Can interested witnesses benefit from dispositions under wills?

    (1)     Subject to subsection (2), if a beneficial disposition is given or made by will to a person who is a witness to the will, the disposition is void to the extent that it concerns the person or a person claiming under him or her.

    (2)     A beneficial disposition is not void under subsection (1) if:

        (a)     at least 2 of the witnesses to the will are not persons to whom a beneficial disposition is given or made by the will;

        (b)     all the persons who would benefit directly from the avoidance of the disposition consent in writing to the distribution of the disposition according to the will; or

        (c)     the Court is satisfied that:

            (i)     the testator knew and approved of the disposition; and

            (ii)     the disposition was given or made freely and voluntarily by the testator.



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