Australian Capital Territory Current Acts

WILLS ACT 1968

TABLE OF PROVISIONS

           Long Title

   PART 1--PRELIMINARY

   1.      Name of Act  
   2.      Dictionary  
   3.      Notes  
   5.      Application of Act  

   PART 2--WILLS

   7.      Person may dispose of all his or her property by will  
   8.      Children—testamentary capacity  
   8A.     Supreme Court enabling will by child  
   8B.     Supreme Court enabling revocation of will by child  
   9.      Will to be in writing and signed before 2 witnesses  
   10.     When signature to will valid  
   11.     Appointments by will  
   11A.    Validity of will etc not executed with required formalities  
   12.     Alteration in will  
   12A.    Rectification  
   12B.    Extrinsic evidence  
   13.     Publication of will unnecessary  
   14.     Will not voided by incompetence of witness  
   14A.    Certain appointments and trusts not void  
   15.     Will attested by beneficiary or domestic partner of beneficiary  

   PART 2A--FORMAL VALIDITY OF WILLS

   15A.    Definitions for pt 2A  
   15B.    System of law to be applied  
   15C.    General rule as to formal validity  
   15D.    Additional rules as to formal validity  
   15E.    Relevance of formal requirements for making  
   15F.    Certain requirements to be treated as formal  
   15G.    Construction of will not affected by later change of domicile  
   15H.    Application of pt 2A  

   PART 3--TESTAMENTARY DISPOSITIONS BY MEMBERS OF THE DEFENCE FORCE

   16.     Wills of soldiers etc  

   PART 3A--COURT AUTHORISED WILLS FOR PEOPLE WITHOUT TESTAMENTARY CAPACITY

   16A.    Court may authorise will to be made, altered or revoked for person without  
   16B.    Information required in support of application for leave  
   16C.    Hearing of application for leave  
   16D.    Hearing of application for order  
   16E.    Court must be satisfied about certain matters  
   16F.    Execution of will made under order  
   16G.    Retention of will  
   16H.    Separate representation of person without testamentary capacity  
   16I.    Recognition of statutory wills  

   PART 3B--INTERNATIONAL WILLS

   16J.    Definitions—pt 3B  
   16K.    Application of convention  
   16L.    Persons authorised to act in connection with international wills  
   16M.    Application of Act to international wills  

   PART 4--MISCELLANEOUS

   17.     Meaning of will  
   18.     Creditor to be admitted as witness  
   19.     Executor to be admitted as witness  
   20.     Revocation of will by testator's marriage, civil union or civil  
   20A.    Effect of termination of marriage, civil union or civil  
   21.     Revocation of will  
   22.     Revival of revoked will  
   23.     Will disposes of balance of property of testator at his or her  
   24.     Will speaks from death of the testator  
   25.     What a residuary devise includes  
   26.     What a general devise or bequest includes  
   27.     How a devise without words of limitation is construed  
   28.     How the words ‘die without issue' or ‘die without leaving  
   28A.    Devises to people who have altered their sex  
   29.     Devises to trustees or executors  
   30.     Trustees under an unlimited devise etc to take the fee  
   30A.    Intermediate income on future and contingent bequests and devises  
   31.     Gifts to issue  
   31A.    Legitimacy of issue  
   31B.    Distribution to issue  
   31C.    Beneficiary not surviving deceased person  
   32.     Wills may be deposited with registrar  
   33.     Register of wills deposited with the registrar  
   34.     Searches  

   PART 5--TRANSITIONAL

   35.     Application of amendments and provisions  
   36.     Transfer of wills deposited with registrar  
           SCHEDULE 1
           DICTIONARY
           ENDNOTES