WILLS ACT 1970 - SECT 28A

WILLS ACT 1970 - SECT 28A

28A .         Use of extrinsic evidence to clarify will

        (1)         In proceedings to construe a will, evidence, including evidence of the testator’s intention, is admissible to the extent that the language used in, or other content of, the will renders the will or any part of the will —

            (a)         meaningless; or

            (b)         ambiguous on the face of the will; or

            (c)         ambiguous in the light of the surrounding circumstances.

        (2)         Evidence of a testator’s intention is not admissible to establish any of the circumstances referred to in subsection (1)(c).

        (3)         Nothing in this section prevents evidence that is otherwise admissible at law from being admissible in proceedings to construe a will.

        (4)         This section applies to the will of any person dying on or after the day on which section 22 of the Wills Amendment Act 2007 comes into operation, whether the will was made or executed before, on or after that day, but does not apply to the will of a person who died before that day.

        [Section 28A inserted: No. 27 of 2007 s. 22.]

        [Heading inserted: No. 20 of 1971 s. 3.]