South Australian Current Acts

ADMINISTRATION AND PROBATE ACT 1919 - SECT 13

13—Wills may be deposited

        (1)         Any will, duly executed as provided by subsection (3) of this section, and whereof an executor or executors is or are appointed, may at any time previous to the death of the testator be deposited for safe custody with the Registrar by the testator, or on his behalf by any district registrar, solicitor, notary public, or commissioner for taking affidavits in the Supreme Court.

        (2)         The Registrar shall—

            (a)         enclose such will in a packet and seal the same; and

            (b)         endorse on such packet the names of the testator and executor or executors, the date of the will, the time of its being deposited, and the number of the deposit; and

            (c)         deliver to the depositor a certificate of such deposit.

        (3)         Every will deposited under this section shall be executed by the testator as required by law, and one of the attesting witnesses shall be the Registrar, a district registrar, notary public, solicitor, or a commissioner for taking affidavits in the Supreme Court.

        (4)         Such attesting witness, unless he is the Registrar or a district registrar, shall verify the testator's execution of the will by a certificate in the prescribed form, which shall accompany the will.