Victorian Consolidated Legislation

WILLS ACT 1997

No. 88 of 1997
Version incorporating amendments as at 1 December 2008

TABLE OF PROVISIONS

           Section Page

   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

   7.      How should a will be executed?
   8.      Must witnesses know that they are signing 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

   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

   PART 3-WILLS MADE OR RECTIFIED UNDER COURT AUTHORISATION

           Division 1-Court authorised wills by minors

   20.     Wills by minors authorised by the Court

           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
   22.     Hearing an application for an order
   23.     Powers of the Court in making 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.
   26.     Matters of which Court must be satisfied before application for leave to make an application may be granted
   27.     Hearing an application for leave
   28.     Information which the Court may require in support of an application for leave
   29.     Persons who are entitled to appear at an application for leave
   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?

   PART 5-GENERAL

   50.     Who may see a will?

   PART 6-TRANSITIONAL AND CONSEQUENTIAL PROVISIONS

   51.     Repeal of Wills Act 1958.
   52.     Transitional provisions
   52A.    Transitional provision-Wills Amendment Act 2007.

   PART 7-AMENDMENT OF THE ADMINISTRATION AND PROBATE ACT

   53.     Principal Act
   54.     Amendment of reference
   55.     New section 91 inserted
   56.     Powers of Court-Amendment of section 94.
   57.     Repeal of section 95.
   58.     Amendment of section 96-powers to refuse applications
   59.     Amendment of section 97-contents of order
   60.     Insertion of new Part IVA

   PART IVA-TRANSITIONAL

   61.     Repeal of Part V
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           ENDNOTES
           1. General Information
           2. Table of Amendments
           3. Explanatory Details