Australian Capital Territory Current Acts

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WILLS ACT 1968 - SECT 8

Children—testamentary capacity

    (1)     Subject to this section and section 16, a will made by a child is not valid.

    (2)     A child who is or has been married or in a civil union may make a valid will and may revoke a will, or a part of a will, that he or she has made.

    (3)     A will made by a child who may marry or enter into a civil union and that is made in contemplation of a marriage or civil union is, on the solemnisation of the marriage or entry into the civil union contemplated, valid.

    (4)     If the Supreme Court, on an application by a child under section 8A, makes an order in accordance with that section enabling the child to make a will in the specific terms of a proposed will attached to the application, the child may make a valid will in those terms.

    (5)     If the Supreme Court, on an application by a child under section 8B, makes an order in accordance with that section enabling the child to revoke a will, or a part of a will, the child may revoke the will, or the part of the will, in accordance with that order.

    (6)     A child who has made a will in accordance with an order of the Supreme Court under section 8A and who has not at any time been married or in a civil union may not revoke the will, or a part of the will, otherwise than in accordance with an order of the Supreme Court under section 8B.

    (7)     This section has effect subject to section 9.



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