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WILLS ACT 1997

Table of Provisions

PART 1--PRELIMINARY

  • 1 Purpose  
  • 2 Commencement  
  • 3 Definitions  

PART 2--THE MAKING, ALTERATION, REVOCATION AND REVIVAL OF WILLS

Division 1--Will-making powers

  • 4 What property may be disposed of by will?  
  • 5 Minimum age for making a will  
  • 6 Wills by minors who are married  

Division 2--Executing a will

Division 3--Dispensing with requirements for execution

  • 9 When may the Court dispense with requirements for execution or revocation?  

Division 4--Witnessing a will

  • 10 What persons cannot act as witnesses to wills?  
  • 11 Can an interested witness benefit from a disposition under a will?  

Division 5--Alteration, revocation and revival of wills

  • 12 When and how can a will be revoked?  
  • 13 What is the effect of marriage on a will?  
  • 14 What is the effect of divorce on a will?  
  • 15 Can a will be altered?  
  • 16 Can a revoked will be revived?  

Division 6--Wills to which foreign laws apply

  • 16A Division 6 does not limit the operation of Division 7  
  • 17 General rule as to validity of a will executed in a foreign place  
  • 18 Ascertainment of the system of law which applies to a will  
  • 19 Construction of the law applying to wills  

Division 7--International wills

  • 19A Definitions  
  • 19B Application of Convention  
  • 19C Persons authorised to act in connection with international wills  
  • 19D Witnesses to international wills  
  • 19E Application of Act to international wills  

PART 3--WILLS MADE OR RECTIFIED UNDER COURT AUTHORISATION

Division 1--Court authorised wills by minors

Division 2--Court authorised wills for persons who do not have testamentary capacity

  • 21 Wills for persons who do not have testamentary capacity authorised by the Court  
  • 21A Information which the Court may require in support of an application under section 21  
  • 21B Matters of which the Court must be satisfied before making an order under section 21  
  • 21C Persons entitled to appear  
  • 21D Court may order separate representation of person lacking testamentary capacity  
  • 22 Hearing an application for an order  
  • 24 Revocation of a will made under an order under section 21  
  • 25 Execution and storage of wills made under an order under section 21  
  • 30 Recognition of statutory wills  

Division 3--Court authorised rectification of wills

  • 31 Can a will be rectified?  
  • 32 Order to be attached to will  

PART 4--CONSTRUCTION OF WILLS

Division 1--General rules about the construction of wills

  • 33 What interest in property does a will operate to dispose of?  
  • 34 When does a will take effect?  
  • 35 What is the effect of a failure of a disposition?  
  • 36 When is evidence admissible to clarify a will?  
  • 37 What is the effect of a change in the testator's domicile?  
  • 38 Income on contingent and future dispositions  
  • 39 Beneficiaries must survive testator by 30 days  

Division 2--Construction of particular provisions in wills

  • 40 What does a general disposition of land include?  
  • 41 What does a general disposition of property include?  
  • 42 What is the effect of a disposition of real property without words of limitation?  
  • 43 How are dispositions to issue to operate?  
  • 44 How are requirements to survive with issue construed?  
  • 45 Dispositions not to fail because issue have died before the testator  
  • 46 Construction of residuary dispositions  
  • 47 Dispositions to unincorporated associations of persons  
  • 48 Can a person, by will, delegate the power to dispose of property?  
  • 49 What is the effect of referring to a valuation in a will?  
  • 49A Effect of remuneration clause  

PART 5--GENERAL

  • 50 Who may see a will?  
  • 50A Regulations  

PART 6--TRANSITIONAL AND CONSEQUENTIAL PROVISIONS

  • 51 Repeal of Wills Act 1958  
  • 52 Transitional provisions  
  • 52A Transitional provision—Wills Amendment Act 2007  
  • 53 Transitional provision—Court authorised wills—Justice Legislation Amendment (Succession and Surrogacy) Act 2014  
  • 54 Power to resolve transitional difficulties in proceeding—Justice Legislation Amendment (Succession and Surrogacy) Act 2014  
  • 56 Transitional provision—Administration and Probate and Other Acts Amendment (Succession and Related Matters) Act 2017  
  • 57 Transitional provisions—Justice Legislation Amendment (System Enhancements and Other Matters) Act 2021  

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