South Australian Current Acts

WILLS ACT 1936

TABLE OF PROVISIONS

           Long Title

   PART 1--Preliminary

   1.      Short title
   3.      Interpretation and application of Act

   PART 2--The making, alteration, revocation, revival etc of wills

           Division 1--Property which may be disposed of by will

   4.      All property may be disposed of by will

           Division 2--Testamentary capacity

   5.      Will of minor
   6.      Will of minor pursuant to leave of Court
   7.      Will of person lacking testamentary capacity pursuant to permission of court

           Division 3--Execution and attestation of wills

   7A.     Interpretation
   8.      Requirements as to writing and execution of will
   10.     Exercise of power of appointment by will
   11.     Will of person on active service
   12.     Validity of will
   13.     Wills made out of the State to be admitted if made according to the law of the place where made etc
   14.     Wills made in the State to be admitted if made according to local usage
   16.     Will not void by incompetency of witness
   17.     Gifts to an attesting witness
   18.     Creditor attesting to be admitted a witness
   19.     Executor to be admitted a witness

           Division 4--Revocation of wills

   19A.    Interpretation
   20.     Will to be revoked by certain events
   20A.    Effect on will of ending of a marriage or registered relationship
   21.     No will to be revoked by presumption
   22.     In what cases wills may be revoked
   23.     Change of domicile not to invalidate will

           Division 5--Alterations in wills

   24.     No alteration in a will has any effect unless executed as a will

           Division 6--Revival of wills

   25.     How revoked will is to be revived

           Division 7--Rectification of wills

   25AA.   Power of rectification

   PART 3--Validity of wills made outside the State

   25A.    Interpretation and application
   25B.    General rule as to formal validity
   25C.    Additional rules
   25D.     Validity of statutory wills made outside the State
   25E.    Part does not limit operation of international will provisions

   PART 3A--International wills

   25F.    Interpretation
   25G.    Application of Convention
   25H.    Persons authorised to act in connection with international wills
   25I.    Witnesses to international wills
   25J.    Application of Act to international wills

   PART 4--Construction of wills

   26.     When a devise not to be rendered inoperative etc
   27.     A will to speak from the death of the testator
   28.     What a residuary devise includes
   29.     What estates a general devise includes
   30.     What property subject to a power of appointment a general gift includes
   31.     How a devise without words of limitation is to be construed
   32.     How the words "die without issue" or "die without leaving issue are to be construed
   33.     No devise to trustees or executors etc operates to pass a chattel interest
   34.     Trustees under an unlimited devise etc to take the fee
   35.     Devises of estates tail do not lapse
   36.     Gifts to children or other issue who leave issue living at the testator's death do not lapse
   37.     Validity of certain wills
   38.     References to valuations made or accepted for succession duty purposes etc to be construed, where appropriate, as references to valuations made by competent valuers
           SCHEDULE 1--Annex to Convention providing a Uniform Law on the Form of an International Will 1973
           Legislative history