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WILLS ACT 1936 - SECT 4

WILLS ACT 1936 - SECT 4

4—All property may be disposed of by will

        (1)         Every person may devise, bequeath or dispose of by his or her will, executed in the manner required by this Act, all real estate and all personal estate to which the person is entitled either at law or in equity at the time of his or her death and which if not so devised, bequeathed or disposed of would devolve upon the heir at law of the person or (if he or she became entitled by descent) of his or her ancestor or upon his or her executor or administrator.

        (2)         The power given by this section extends to—

            (a)         any estate pur autre vie whether there is or is not any special occupant of the estate and whether the estate is freehold or of any other tenure and whether it is a corporeal or incorporeal hereditament;

            (b)         every contingent, executory or other future interest in any real or personal estate whether the testator is or is not ascertained as the person or one of the persons in whom that interest may become vested, and whether the testator is entitled to that interest under the instrument by which it was created or under any disposition of the interest by deed or will;

            (c)         every right of entry for condition broken and every other right of entry;

            (d)         any such estate, interest, right or other real or personal estate as mentioned in this section to which the testator is entitled at the time of his or her death, notwithstanding that he or she became so entitled subsequently to the execution of his or her will.