New South Wales Bills New South Wales Bills[Index] [Search] [Download] [Related Items] [Help]
This is a Bill, not an Act. For current law, see the Acts databases.
Succession Amendment (International
Wills) Bill 2012
No , 2012
A Bill for
An Act to amend the Succession Act 2006 to make provision for international wills
to give effect to the Convention providing a Uniform Law on the Form of an
International Will 1973.
Clause 1 Succession Amendment (International Wills) Bill 2012
The Legislature of New South Wales enacts: 1
1 Name of Act 2
This Act is the Succession Amendment (International Wills) Act 2012. 3
2 Commencement 4
(1) This Act commences on a day or days to be appointed by proclamation. 5
(2) A proclamation cannot be made under this section unless the 6
Convention providing a Uniform Law on the Form of an International 7
Will 1973 has entered into force in Australia. 8
Page 2
Succession Amendment (International Wills) Bill 2012
Amendment of Succession Act 2006 No 80 Schedule 1
Schedule 1 Amendment of Succession Act 2006 1
No 80 2
[1] Section 47A 3
Insert after section 47: 4
47A Part does not limit operation of international will provisions 5
This Part does not limit the operation of Part 2.4A. 6
[2] Part 2.4A 7
Insert after Part 2.4: 8
Part 2.4A International wills 9
50A Definitions 10
In this Part: 11
Convention means the Convention providing a Uniform Law on 12
the Form of an International Will 1973 signed in Washington, 13
D.C. on 26 October 1973. 14
international will means a will made in accordance with the 15
requirements of the Annex to the Convention as set out in 16
Schedule 2. 17
50B Application of Convention 18
The Annex to the Convention has the force of law in this 19
jurisdiction. 20
Note. The Annex to the Convention is set out in Schedule 2. 21
50C Persons authorised to act in connection with international wills 22
(1) For the purposes of this Part, the following persons are authorised 23
to act in connection with an international will: 24
(a) an Australian legal practitioner, 25
(b) a public notary of any Australian jurisdiction. 26
(2) For the purposes of this Part, a reference in the Annex to the 27
Convention to a person authorised to act in connection with 28
international wills is a reference to: 29
(a) a person referred to in subsection (1) who is acting in 30
Australia, or 31
Page 3
Succession Amendment (International Wills) Bill 2012
Schedule 1 Amendment of Succession Act 2006 No 80
(b) any other person who is acting as an authorised person 1
under the law of a state (other than Australia) that is a party 2
to the Convention. 3
Note. This section gives effect to Articles II and III of the Convention. 4
50D Witnesses to international wills 5
The conditions requisite to acting as a witness to an international 6
will are governed by the law of this jurisdiction. 7
Note. For the relevant provisions of this Act, see Division 4 of Part 2.1. 8
50E Application of Act to international wills 9
To avoid doubt, the provisions of this Act that apply to wills 10
extend to international wills. 11
[3] Schedule 2 12
Insert after Schedule 1: 13
Schedule 2 Annex to Convention providing a 14
Uniform Law on the Form of an 15
International Will 1973 16
ANNEX 17
UNIFORM LAW ON THE FORM OF AN INTERNATIONAL WILL 18
Article 1 19
1. A will shall be valid as regards form, irrespective particularly of the place where it 20
is made, of the location of the assets and of the nationality, domicile or residence of 21
the testator, if it is made in the form of an international will complying with the 22
provisions set out in Articles 2 to 5 hereinafter. 23
2. The invalidity of the will as an international will shall not affect its formal validity 24
as a will of another kind. 25
Article 2 26
This law shall not apply to the form of testamentary dispositions made by two or more 27
persons in one instrument. 28
Article 3 29
1. The will shall be made in writing. 30
2. It need not be written by the testator himself. 31
3. It may be written in any language, by hand or by any other means. 32
Page 4
Succession Amendment (International Wills) Bill 2012
Amendment of Succession Act 2006 No 80 Schedule 1
Article 4 1
1. The testator shall declare in the presence of two witnesses and of a person 2
authorized to act in connection with international wills that the document is his will 3
and that he knows the contents thereof. 4
2. The testator need not inform the witnesses, or the authorized person, of the contents 5
of the will. 6
Article 5 7
1. In the presence of the witnesses and of the authorized person, the testator shall sign 8
the will or, if he has previously signed it, shall acknowledge his signature. 9
2. When the testator is unable to sign, he shall indicate the reason therefor to the 10
authorized person who shall make note of this on the will. Moreover, the testator may 11
be authorized by the law under which the authorized person was designated to direct 12
another person to sign on his behalf. 13
3. The witnesses and the authorized person shall there and then attest the will by 14
signing in the presence of the testator. 15
Article 6 16
1. The signatures shall be placed at the end of the will. 17
2. If the will consists of several sheets, each sheet shall be signed by the testator or, if 18
he is unable to sign, by the person signing on his behalf or, if there is no such person, 19
by the authorized person. In addition, each sheet shall be numbered. 20
Article 7 21
1. The date of the will shall be the date of its signature by the authorized person. 22
2. This date shall be noted at the end of the will by the authorized person. 23
Article 8 24
In the absence of any mandatory rule pertaining to the safekeeping of the will, the 25
authorized person shall ask the testator whether he wishes to make a declaration 26
concerning the safekeeping of his will. If so and at the express request of the testator 27
the place where he intends to have his will kept shall be mentioned in the certificate 28
provided for in Article 9. 29
Article 9 30
The authorized person shall attach to the will a certificate in the form prescribed in 31
Article 10 establishing that the obligations of this law have been complied with. 32
Page 5
Succession Amendment (International Wills) Bill 2012
Schedule 1 Amendment of Succession Act 2006 No 80
Article 10 1
The certificate drawn up by the authorized person shall be in the following form or in 2
a substantially similar form: 3
CERTIFICATE 4
(Convention of October 26, 1973) 5
1. I, .................................................. (name, address and capacity), a person authorized 6
to act in connection with international wills 7
2. Certify that on ............................. (date) at ............................. (place) 8
3. (testator) .................................................. (name, address, date and place of birth) in 9
my presence and that of the witnesses 10
4. (a) .................................................. (name, address, date and place of birth) 11
(b) .................................................. (name, address, date and place of birth) 12
has declared that the attached document is his will and that he knows the contents 13
thereof. 14
5. I furthermore certify that: 15
6. (a) in my presence and in that of the witnesses 16
(1) the testator has signed the will or has acknowledged his signature previously 17
affixed. 18
*(2) following a declaration of the testator stating that he was unable to sign his will 19
for the following reason ....................................................................... 20
- I have mentioned this declaration on the will 21
*- the signature has been affixed by ............................. (name, address) 22
7. (b) the witnesses and I have signed the will; 23
8. *(c) each page of the will has been signed by ............................. and numbered; 24
9. (d) I have satisfied myself as to the identity of the testator and of the witnesses as 25
designated above; 26
10. (e) the witnesses met the conditions requisite to act as such according to the law 27
under which I am acting; 28
11. *(f) the testator has requested me to include the following statement concerning 29
the safekeeping of his will: ................................................................................. 30
12. PLACE 31
13. DATE 32
14. SIGNATURE and, if necessary, SEAL 33
Article 11 34
The authorized person shall keep a copy of the certificate and deliver another to the 35
testator. 36
Article 12 37
In the absence of evidence to the contrary, the certificate of the authorized person shall 38
be conclusive of the formal validity of the instrument as a will under this Law. 39
Page 6
Succession Amendment (International Wills) Bill 2012
Amendment of Succession Act 2006 No 80 Schedule 1
Article 13 1
The absence or irregularity of a certificate shall not affect the formal validity of a will 2
under this Law. 3
Article 14 4
The international will shall be subject to the ordinary rules of revocation of wills. 5
Article 15 6
In interpreting and applying the provisions of this law, regard shall be had to its 7
international origin and to the need for uniformity in its interpretation. 8
_________________________ 9
*To be completed if appropriate. 10
Page 7
[Index] [Search] [Download] [Related Items] [Help]