WILLS ACT 1970 - SECT 21

WILLS ACT 1970 - SECT 21

21 .         Ascertainment of system of internal law

        (1)         If the internal law in force in a place is to be applied to a will, but there is more than one system of internal law in force in the place that relates to the formal validity of wills, the system to be applied is determined as follows —

            (a)         if there is a rule in force throughout the place that indicates which system of internal law applies to the will, that rule must be followed;

            (b)         if there is no rule, the system of internal law is that with which the testator was most closely connected either —

                  (i)         at the time of the testator’s death, if the matter is to be determined by reference to circumstances prevailing at the testator’s death; or

                  (ii)         in any other case, at the time of execution of the will.

        (2)         In determining whether a will has been executed in conformity with a particular internal law, regard must be had to the formal requirements of that law at the time of execution, but account may be taken of a later alteration of the law affecting wills executed at that time, if the alteration enables the will to be treated as properly executed.

        (3)         If a law in force outside this State is applied to a will, a requirement of that law that special formalities must be observed by testators of a particular description or that the witnesses to the execution of a will must have certain qualifications, is to be taken to be a formal requirement only, despite any rule of that law to the contrary.

        [Section 21 inserted: No. 27 of 2007 s. 17.]

[ 22, 23.         Deleted: No. 27 of 2007 s. 17.]