Northern Territory Consolidated Acts

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WILLS ACT - SECT 46

General rule as to formal validity

46. General rule as to formal validity

(1) A will is properly executed if its execution conforms to the internal law in force in the place -

(a) where it was executed;

(b) that was the testator's domicile or habitual residence either at the time the will was executed or at the testator's death; or

(c) of which the testator was a national either at the date of execution of the will or at the testator's death.

(2) A will executed on board a vessel or aircraft in conformity with the internal law in force in the place with which the vessel or aircraft may be taken to have been most closely connected having regard to its registration and other relevant circumstances is properly executed.

(3) A will that disposes of immovable property is properly executed to the extent that it disposes of immovable property if it is executed in conformity with the internal law in force in the place where the property is situated.

(4) A will that revokes a will or a part of a will valid under this Act is properly executed to the extent that it revokes the will or part if it is executed in conformity with a law under which the will or part being revoked is validly executed.

(5) A will exercising a power of appointment is properly executed to the extent that it exercises the power of appointment if it is executed in conformity with the law governing the essential validity of the power.

(6) A will to which this section applies that exercises a power of appointment is not, to the extent that it exercises the power of appointment, to be taken to be improperly executed because it has not been executed in accordance with the formalities required by the instrument creating the power of appointment.



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