• Specific Year
    Any

WILLS ACT 1936

Table of Provisions

PART 1--Preliminary

  • 1 Short title
  • 3 Interpretation and application of Act

PART 2--The making, alteration, revocation, revival etc of wills

Division 1--Property which may be disposed of by will

  • 4 All property may be disposed of by will

Division 2--Testamentary capacity

  • 5 Will of minor
  • 6 Will of minor pursuant to leave of Court
  • 7 Will of person lacking testamentary capacity pursuant to permission of court

Division 3--Execution and attestation of wills

  • 7A Interpretation
  • 8 Requirements as to writing and execution of will
  • 10 Exercise of power of appointment by will
  • 11 Will of person on active service
  • 12 Validity of will
  • 13 Wills made out of the State to be admitted if made according to the law of the place where made etc
  • 14 Wills made in the State to be admitted if made according to local usage
  • 16 Will not void by incompetency of witness
  • 17 Gifts to an attesting witness
  • 18 Creditor attesting to be admitted a witness
  • 19 Executor to be admitted a witness

Division 4--Revocation of wills

  • 19A Interpretation
  • 20 Will to be revoked by certain events
  • 20A Effect on will of ending of a marriage or registered relationship
  • 21 No will to be revoked by presumption
  • 22 In what cases wills may be revoked
  • 23 Change of domicile not to invalidate will

Division 5--Alterations in wills

  • 24 No alteration in a will has any effect unless executed as a will

Division 6--Revival of wills

  • 25 How revoked will is to be revived

Division 7--Rectification of wills

  • 25AA Power of rectification

PART 3--Validity of wills made outside the State

  • 25A Interpretation and application
  • 25B General rule as to formal validity
  • 25C Additional rules
  • 25D Validity of statutory wills made outside the State
  • 25E Part does not limit operation of international will provisions

PART 3A--International wills

  • 25F Interpretation
  • 25G Application of Convention
  • 25H Persons authorised to act in connection with international wills
  • 25I Witnesses to international wills
  • 25J Application of Act to international wills

PART 4--Construction of wills

  • 26 When a devise not to be rendered inoperative etc
  • 27 A will to speak from the death of the testator
  • 28 What a residuary devise includes
  • 29 What estates a general devise includes
  • 30 What property subject to a power of appointment a general gift includes
  • 31 How a devise without words of limitation is to be construed
  • 32 How the words "die without issue" or "die without leaving issue are to be construed
  • 33 No devise to trustees or executors etc operates to pass a chattel interest
  • 34 Trustees under an unlimited devise etc to take the fee
  • 35 Devises of estates tail do not lapse
  • 36 Gifts to children or other issue who leave issue living at the testator's death do not lapse
  • 37 Validity of certain wills
  • 38 References to valuations made or accepted for succession duty purposes etc to be construed, where appropriate, as references to valuations made by competent valuers

Navigate