Tasmanian Consolidated Acts Tasmanian Consolidated Acts
- Act 58 of 2008
- Royal Assent 16 December 2008
TABLE OF PROVISIONS
Long Title
PART 1 - Preliminary
1. 1. Short title
2. 2. Commencement
3. 3. Purpose
4. 4. Interpretation
5. 5. Application of Act
PART 2 - Capacity and Formal Requirements Division 1 - Capacity
6. 6. Property that may be disposed of by will
7. 7. Minimum age for making a will
Division 2 - Execution of a will
8. 8. How a will should be executed
9. 9. Witnesses need not know contents of what they are signing
10. 10. When Court may dispense with requirements for execution of
wills
11. 11. Persons who cannot act as witnesses to wills
12. 12. Can interested witness benefit from disposition under a will?
13. 13. Application to Court to validate dispositions to interested
witnesses
14. 14. Declaration by Court as to non-application of section 12
Division 3 - Revocation, alteration and revival of wills
15. 15. How a will may be revoked
16. 16. Effect of marriage or registration of deed of relationship
on a will
17. 17. Effect of divorce or revocation of deed of relationship on
a will
18. 18. How a will may be altered
19. 19. How a revoked will may be revived
PART 3 - Wills Made, Altered, Revoked or Rectified under
Authorisation of Court or Made under Authorisation of Board Division
1 - Wills by minors
20. 20. Court may authorise wills by minors
Division 2 - Power of Court to authorise making of statutory will,
or alteration or revocation of a will for persons lacking
testamentary capacity
21. 21. Interpretation
22. 22. Court may make certain orders
23. 23. Leave of Court required to make application
24. 24. Court must be satisfied as to certain matters
25. 25. Hearing of application for leave
26. 26. Hearing of application for order
27. 27. Execution of a will
28. 28. Will or instrument to be forwarded to certain persons
Division 3 - Power of Board to make statutory will for person
lacking in testamentary capacity
29. 29. Interpretation
30. 30. Board may make certain orders
31. 31. Validity of statutory wills made by Board
32. 32. Application for a statutory will
33. 33. Board must be satisfied of certain matters
34. 34. Hearing by Board of application
35. 35. Execution of a will made under this Division
36. 36. Alteration of statutory will made by Board
37. 37. Revocation of statutory will made by Board
38. 38. Statutory will made by Board to be forwarded to executor
Division 4 - Statutory wills generally
39. 39. Effect of statutory will
40. 40. Recognition of statutory wills
41. 41. Application of common law and equity to statutory wills
Division 5 - Rectification of wills by Court
42. 42. Court may rectify a will
PART 4 - Construction of Wills
43. 43. What interest in property does a will dispose of?
44. 44. When a will takes effect
45. 45. Effect of failure of disposition
46. 46. Use of extrinsic evidence to clarify a will
47. 47. Effect of change in testator's domicile
48. 48. Income on contingent, future or deferred dispositions
49. 49. Beneficiaries must survive testator for 30 days
50. 50. What does general disposition of property include?
51. 51. What does general disposition of land include?
52. 52. Effect of devise of real property without words of
limitation
53. 53. How dispositions to issue operate
54. 54. How requirements to survive with issue are construed
55. 55. Dispositions not to fail because issue have died before
testator
56. 56. Construction of dispositions
57. 57. Legacies to unincorporated associations of persons
58. 58. Can a person, by a will, delegate the power to dispose of
property?
59. 59. Effect of referring to valuation in a will
PART 5 - Wills under Foreign Law
60. 60. General rule as to formal validity
61. 61. Ascertainment of system of internal law
62. 62. Construction of law applying to wills under foreign law
PART 6 - Miscellaneous
63. 63. Persons entitled to see will
64. 64. Personal representatives may make maintenance distributions
within 30 days
65. 65. Rules of Court
66. 66. Regulations
67. 67. Administration of Act
68. 68.
69. 69. Legislation repealed
70. 70. Legislation rescinded
71. 71. Legislation revoked
SCHEDULE 1
SCHEDULE 2
SCHEDULE 3
SCHEDULE 4
[ Note: This table has been automatically generated and may be incomplete. ]