WILLS ACT 2008

WILLS ACT 2008

- Act 58 of 2008
- Royal Assent 16 December 2008

TABLE OF PROVISIONS

           Long Title

   PART 1 - Preliminary

   1.      Short title
   2.      Commencement
   3.      Purpose
   4.      Interpretation
   5.      Application of Act

   PART 2 - Capacity and Formal Requirements Division 1 - Capacity

   6.      Property that may be disposed of by will
   7.      Minimum age for making a will

           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 Tribunal

           Division 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. ]