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