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