Queensland Consolidated Acts

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SUCCESSION ACT 1981 - SECT 33T

Wills that are taken to be properly executed

33T Wills that are taken to be properly executed

(1) A will is taken to be properly executed if its execution is in accordance with the internal law in force in the place—
(a) where it was executed; or
(b) that was the testator’s domicile or habitual residence, either at the time the will was executed or at the time of the testator’s death; or
(c) of which the testator was a national, either at the time the will was executed or at the time of the testator’s death.
(2) The following wills are also taken to be properly executed—
(a) a will executed on board a vessel or aircraft and in accordance with the internal law in force in the place with which the vessel or aircraft was most closely connected having regard to its registration and other relevant circumstances;
(b) a will, to the extent it disposes of immovable property, executed in accordance with the internal law in force in the place where the property is situated;
(c) a will, to the extent it exercises a power of appointment, executed in accordance with the law governing the essential validity of the power;
(d) a will to the extent it revokes—
(i) a will, or a provision of a will, that has been executed under this part; or
(ii) a will, or a provision of a will, that is taken by this section to be properly executed;
if the later will has been executed in accordance with a law under which the earlier will or provision would be taken to be validly executed.
(3) A will to which this section applies is not improperly executed to the extent it exercises a power of appointment only because it has not been executed in the particular way or with the particular solemnity required by the instrument creating the power.
Example of subsection (3)—
A will to which this section applies exercises a power of appointment. The instrument creating the power requires the instrument exercising the power to be witnessed by a notary public. The will, to the extent it exercises the power, is not improperly executed only because the will is not witnessed by a notary public.



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