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TASMANIA
__________
WILLS BILL 2008
__________
CONTENTS
PART 1 - PRELIMINARY
1. Short title
2. Commencement
3. Purpose
4. Interpretation
5. Application of Act
PART 2 - CAPACITY AND FORMAL REQUIREMENTS
Division 1 - Capacity
6. Property that may be disposed of by will
7. Minimum age for making a will
Division 2 - Execution of a will
8. How a will should be executed
9. Witnesses need not know contents of what they are signing
10. When Court may dispense with requirements for execution of
wills
11. Persons who cannot act as witnesses to wills
12. Can interested witness benefit from disposition under a will?
13. Application to Court to validate dispositions to interested
witnesses
14. Declaration by Court as to non-application of section 12
[Bill 67]-I
Division 3 - Revocation, alteration and revival of wills
15. How a will may be revoked
16. Effect of marriage or registration of deed of relationship on a
will
17. Effect of divorce or revocation of deed of relationship on a will
18. How a will may be altered
19. How a revoked will may be revived
PART 3 - WILLS MADE, ALTERED, REVOKED OR RECTIFIED
UNDER AUTHORISATION OF COURT OR MADE
UNDER AUTHORISATION OF BOARD
Division 1 - Wills by minors
20. Court may authorise wills by minors
Division 2 - Power of Court to authorise making of statutory will, or
alteration or revocation of a will for persons lacking
testamentary capacity
21. Interpretation
22. Court may make certain orders
23. Leave of Court required to make application
24. Court must be satisfied as to certain matters
25. Hearing of application for leave
26. Hearing of application for order
27. Execution of a will
28. Will or instrument to be forwarded to certain persons
Division 3 - Power of Board to make statutory will for person lacking in
testamentary capacity
29. Interpretation
30. Board may make certain orders
31. Validity of statutory wills made by Board
32. Application for a statutory will
33. Board must be satisfied of certain matters
34. Hearing by Board of application
35. Execution of a will made under this Division
2
36. Alteration of statutory will made by Board
37. Revocation of statutory will made by Board
38. Statutory will made by Board to be forwarded to executor
Division 4 - Statutory wills generally
39. Effect of statutory will
40. Recognition of statutory wills
41. Application of common law and equity to statutory wills
Division 5 - Rectification of wills by Court
42. Court may rectify a will
PART 4 - CONSTRUCTION OF WILLS
43. What interest in property does a will dispose of?
44. When a will takes effect
45. Effect of failure of disposition
46. Use of extrinsic evidence to clarify a will
47. Effect of change in testator's domicile
48. Income on contingent, future or deferred dispositions
49. Beneficiaries must survive testator for 30 days
50. What does general disposition of property include?
51. What does general disposition of land include?
52. Effect of devise of real property without words of limitation
53. How dispositions to issue operate
54. How requirements to survive with issue are construed
55. Dispositions not to fail because issue have died before testator
56. Construction of dispositions
57. Legacies to unincorporated associations of persons
58. Can a person, by a will, delegate the power to dispose of
property?
59. Effect of referring to valuation in a will
PART 5 - WILLS UNDER FOREIGN LAW
60. General rule as to formal validity
3
61. Ascertainment of system of internal law
62. Construction of law applying to wills under foreign law
PART 6 - MISCELLANEOUS
63. Persons entitled to see will
64. Personal representatives may make maintenance distributions
within 30 days
65. Rules of Court
66. Regulations
67. Administration of Act
68. Consequential amendments
69. Legislation repealed
70. Legislation rescinded
71. Legislation revoked
SCHEDULE 1 - CONSEQUENTIAL AMENDMENTS
SCHEDULE 2 - LEGISLATION REPEALED
SCHEDULE 3 - LEGISLATION RESCINDED
SCHEDULE 4 - LEGISLATION REVOKED
4
WILLS BILL 2008
(Brought in by the Minister for Justice, the Honourable
Larissa Tahireh Giddings)
A BILL FOR
An Act to reform the law relating to the making, alteration,
rectification, construction and revocation of wills and for
other purposes
Be it enacted by His Excellency the Governor of Tasmania, by
and with the advice and consent of the Legislative Council and
House of Assembly, in Parliament assembled, as follows:
PART 1 - PRELIMINARY
1. Short title
This Act may be cited as the Wills Act 2008.
2. Commencement
This Act commences on a day to be proclaimed.
3. Purpose
The purpose of this Act is to reform the law
relating to the making, alteration, rectification,
construction and revocation of wills and to make
particular provision for -
[Bill 67] 5
Wills Act 2008
Act No. of
s. 4 Part 1 - Preliminary
(a) the formalities required for the making,
alteration, rectification and revocation of
wills and the dispensation of those
requirements in appropriate cases; and
(b) the making of wills by minors and other
persons lacking testamentary capacity;
and
(c) the effect of marriage and divorce on
wills.
4. Interpretation
In this Act, unless the contrary intention
appears -
"Board" means the Guardianship and
Administration Board established under
the Guardianship and Administration Act
1995;
"Court" means the Supreme Court of
Tasmania;
"disposition" includes -
(a) any gift, devise or bequest of
property under a will; and
(b) the creation by will of a power of
appointment affecting property;
and
(c) the exercise by will of a power of
appointment affecting property;
6
Wills Act 2008
Act No. of
Part 1 - Preliminary s. 4
"document", except in section 10(4), means
any paper or other material on which
there is writing;
"grant of probate" includes grant of
administration with the will annexed;
"internal law", used in relation to a country
or place, means the law that would apply
in a case where no question of the law in
force in any other country or place arose;
"law practice" has the same meaning as in
the Legal Profession Act 2007;
"minor" means a person under the age of 18
years;
"property" includes -
(a) any contingent, executory or
future interest in property; and
(b) any right of entry or recovery of
property or right to call for the
transfer of title to property;
"Public Trustee" means The Public Trustee
referred to in section 4 of the Public
Trustee Act 1930;
"Registrar" means the Registrar of the Court;
"Rules" means Rules of Court made and in
force under section 65;
"spouse", in relation to a person, includes the
person who is in a significant
7
Wills Act 2008
Act No. of
s. 5 Part 1 - Preliminary
relationship, within the meaning of the
Relationships Act 2003, with that person;
"statutory will" means a will executed by
virtue of a statutory provision on behalf
of a person who, at the time of execution,
lacked testamentary capacity;
"will" includes a codicil and any other
testamentary disposition.
5. Application of Act
(1) This Act, except as provided in this section
applies only to wills made on or after the
commencement of this Act.
(2) The Wills Act 1992, as in force immediately
before the commencement of this Act, continues
to apply to wills made before that
commencement, in so far as those wills do not
come under the operation of subsection (4), (5),
(6) or (7) or under the operation of the sections
specified in subsections (3) and (9).
(3) Sections 9, 10, 42, 43, 44, 45, 47, 48, 50, 51, 52,
54, 57, 58, 59, 60, 61, 62 and 63 apply to wills
whether or not they are executed before, on or
after the commencement of this Act, where the
testator dies on or after that commencement.
(4) Sections 7, 15, 18 and 19 apply to the alteration,
revocation or renewal of a will on or after the
commencement of this Act even if the will was
made before that commencement.
8
Wills Act 2008
Act No. of
Part 1 - Preliminary s. 5
(5) Section 11 applies to a document that alters or
revokes a will and that is made on or after the
commencement of this Act even if the will was
made before that commencement.
(6) Section 16 applies to a will made before the
commencement of this Act in relation to a
marriage solemnised, or the registration under
Part 2 of the Relationships Act 2003 of a deed of
relationship, on or after that commencement.
(7) Section 17 applies to a will made before the
commencement of this Act, if the granting of the
decree absolute of the dissolution of the
marriage or the annulment of the marriage has
taken place, or the revocation under Part 2 of the
Relationships Act 2003 of a deed of relationships
registered under that Part has occurred, on or
after the commencement of this Act.
(8) The Court may make an order under section 20
or 22 with respect to the alteration or revocation
of a will or part of a will even if the will was
made before the commencement of this Act.
(9) Despite subsection (1), section 55 applies to a
will made before the commencement of this Act
if the testator has died on or after the death of the
issue and the deaths occurred on or after that
commencement.
9
Wills Act 2008
Act No. of
s. 6 Part 2 - Capacity and Formal Requirements
PART 2 - CAPACITY AND FORMAL
REQUIREMENTS
Division 1 - Capacity
6. Property that may be disposed of by will
(1) A person may dispose by will of property to
which the person is entitled at the time of his or
her death.
(2) A person may dispose by will of property to
which the personal representative of that person
becomes entitled by virtue of the office of
personal representative after the death of that
person.
(3) It does not matter if the entitlement of the person
or of the personal representative did not exist at
the date of the making of the will or at the time
of the person's death.
(4) A person may not dispose by will of property of
which the person was trustee at the time of the
death of the person.
7. Minimum age for making a will
(1) A will made by a minor is not valid.
(2) Despite subsection (1) -
(a) a minor may make a will in
contemplation of marriage (and may alter
or revoke such a will) but the will is of
10
Wills Act 2008
Act No. of
Part 2 - Capacity and Formal Requirements s. 8
no effect if the marriage contemplated
does not take place; and
(b) a minor who is married may make, alter
or revoke a will; and
(c) a minor who has been married may
revoke the whole or any part of a will
made while the minor was married or in
contemplation of that marriage.
Division 2 - Execution of a will
8. How a will should be executed
(1) A will is not valid unless -
(a) it is in writing and signed by the testator
or by some other person in the presence
of and at the direction of the testator; and
(b) the signature is made or acknowledged
by the testator in the presence of two or
more witnesses present at the same time;
and
(c) at least 2 of those witnesses attest and
sign the will in the presence of the
testator (but not necessarily in the
presence of each other).
(2) The signature of the testator must be made with
the intention of executing the will, but it is not
essential that the signature be made at the foot of
the will.
11
Wills Act 2008
Act No. of
s. 9 Part 2 - Capacity and Formal Requirements
(3) It is not essential for a will to have an attestation
clause.
(4) If a testator purports to make an appointment by
his or her will in the exercise of a power of
appointment by will, the appointment is not valid
unless the will is executed in accordance with
this section.
(5) If a power is conferred on a person to make an
appointment by a will that is to be executed in
some particular manner or with some particular
solemnity, the person may exercise the power by
a will that is executed in accordance with this
section, but is not executed in that manner or
with that solemnity.
(6) If a person who attests the execution of a will is,
at the time of the execution of the will or at any
time afterwards, incompetent to be admitted as a
witness to prove the execution of the will, the
will is not on that account invalid.
(7) A person who is an executor of a will is not on
that account incompetent to be admitted as a
witness to prove the execution of that will or its
validity or invalidity.
9. Witnesses need not know contents of what they are
signing
A will that is executed in accordance with this
Act is validly executed even if one or more
witnesses to the will did not know that it was a
will.
12
Wills Act 2008
Act No. of
Part 2 - Capacity and Formal Requirements s. 10
10. When Court may dispense with requirements for
execution of wills
(1) A document or part of a document purporting to
embody the testamentary intentions of a
deceased person, even though it has not been
executed in the manner required by this Act,
constitutes a will of the deceased person, an
alteration of such a will or the revocation of such
a will, if the Court is satisfied beyond reasonable
doubt that the deceased person intended the
document to constitute his or her will, an
alteration of his or her will or the revocation of
his or her will.
(2) In forming its view, the Court may have regard
(in addition to the document or any part of the
document) to any evidence relating to the
manner of execution or testamentary intentions
of the deceased person, including evidence
(whether admissible before the commencement
of this Act or otherwise) of statements made by
the deceased person.
(3) This section applies to a document whether it
came into existence within or outside Tasmania.
(4) For the purposes of this section -
"document" has the same meaning as in
section 24(bb) of the Acts Interpretation
Act 1931.
13
Wills Act 2008
Act No. of
s. 11 Part 2 - Capacity and Formal Requirements
11. Persons who cannot act as witnesses to wills
A person who is unable to see and attest that a
testator has signed a document may not act as a
witness to a will.
12. Can interested witness benefit from disposition
under a will?
(1) Except as provided by subsection (2), where a
beneficial disposition is made by a will to a
person who attests the execution of the will, the
disposition is void so far only as concerns that
person or any person claiming under that person.
(2) A beneficial disposition made by a will is not
made void by subsection (1) if -
(a) more than 2 persons have attested the
execution of the will and at least 2 of
them are not persons to whom any such
disposition is made or the spouses of any
such persons; or
(b) all the persons who would benefit
directly from the avoidance of the
disposition consent in writing to the
distribution of the disposition according
to the will and they all have capacity at
law to do so.
(3) Notwithstanding anything contained in this
section, a person who attests the execution of a
will is a competent witness to prove the
execution of the will or its validity or invalidity.
14
Wills Act 2008
Act No. of
Part 2 - Capacity and Formal Requirements s. 13
13. Application to Court to validate dispositions to
interested witnesses
(1) Where, but for the operation of section 12, a
person would be entitled to a beneficial
disposition, that person may, subject to and in
accordance with the Rules, apply to the Court for
an order that that person is to be entitled under
the will as if that section did not apply in relation
to him or her.
(2) An application under this section may be made
before the grant of probate of the will but,
subject to subsection (3), is not to be made more
than 6 months after that date.
(3) The Court may extend the time for the making of
an application under this section, whether or not
the time appointed under subsection (2) has
expired, but no application may be made after
the final distribution of the estate and no order
under this section affects the distribution of any
part of the estate made before the making of the
application.
14. Declaration by Court as to non-application of
section 12
(1) Where the Court is satisfied that the entitlement
of the applicant under the will was known to and
approved by the testator and was not included in
the will as the result of fraud, duress or the
exercise of undue influence by any person, the
Court may, by order, declare that section 12 does
not apply in relation to the applicant in respect of
15
Wills Act 2008
Act No. of
s. 15 Part 2 - Capacity and Formal Requirements
the will in respect of which the application was
made.
(2) On a copy of an order under subsection (1) being
served on the personal representative of the
testator, the will of the testator has effect as if
section 12 does not apply in relation to the
applicant in respect of the will of the testator.
(3) In an application under section 13, the applicant
is not entitled to rely on any evidentiary
presumption to prove or assist in proving that the
testator knew and approved the contents of the
will.
Division 3 - Revocation, alteration and revival of wills
15. How a will may be revoked
(1) The whole or any part of a will may be revoked
only -
(a) in the circumstances mentioned in
Division 1 or 2 of Part 3 or by the
operation of section 16 or 17; or
(b) by a later will; or
(c) by some writing declaring an intention to
revoke it, executed in the manner in
which a will is required to be executed
by this Act; or
(d) by the testator, or some person in his or
her presence and by his or her direction,
burning, tearing or otherwise destroying
16
Wills Act 2008
Act No. of
Part 2 - Capacity and Formal Requirements s. 16
it with the intention of the testator of
revoking it; or
(e) by the testator, or some person in his or
her presence and by his or her direction,
writing on the will or dealing with the
will in such a manner that the Court is
satisfied from the state of the will that the
testator intended to revoke it.
(2) A will is not revoked by a presumption of
intention on the ground of an alteration in
circumstances.
16. Effect of marriage or registration of deed of
relationship on a will
(1) A will is revoked by -
(a) the marriage of the testator; or
(b) the registration of a deed of relationship
under Part 2 of the Relationships Act
2003 to which the testator is a party.
(2) However, the following are not revoked by the
marriage of the testator or the registration of a
deed of relationship under Part 2 of the
Relationships Act 2003 to which the testator is a
party:
(a) a disposition to the person to whom the
testator is married or with whom the
testator is in a registered relationship at
the time of his or her death;
17
Wills Act 2008
Act No. of
s. 16 Part 2 - Capacity and Formal Requirements
(b) any appointment as executor, trustee,
advisory trustee or guardian of the person
to whom the testator is married or with
whom the testator is in a registered
relationship at the time of his or her
death;
(c) a will made in exercise of a power of
appointment, if the property so appointed
would not pass to the executor of the will
or the administrator of the deceased
person's estate if the power of the
appointment was not exercised.
(3) A will made in contemplation of a marriage or
the registration of a deed of relationship under
Part 2 of the Relationships Act 2003, whether or
not that contemplation is expressed in the will, is
not revoked by the solemnisation of the marriage
contemplated or the registration of the deed of
relationship contemplated.
(4) A will that is expressed to be made in
contemplation of marriage generally or the
registration of a deed of relationship under Part 2
of the Relationships Act 2003 is not revoked by
the solemnisation of a marriage of the testator or
the registration of a deed of relationship to which
the testator is a party.
(5) In this section -
"registered relationship" means a personal
relationship within the meaning of the
Relationships Act 2003 registered under
that Act.
18
Wills Act 2008
Act No. of
Part 2 - Capacity and Formal Requirements s. 17
17. Effect of divorce or revocation of deed of
relationship on a will
(1) The ending of a testator's marriage or the
revocation under Part 2 of the Relationships Act
2003 of a deed of relationship registered under
that Part to which the testator is a party
revokes -
(a) any beneficial disposition made by a
testator to the testator's spouse in a will
in existence at the time the marriage ends
or the deed of relationship is revoked;
and
(b) any appointment of the testator's spouse
as an executor, trustee, advisory trustee
or guardian made by the will; and
(c) any grant made by the will of a power of
appointment exercisable by, or in favour
of, the testator's spouse.
(2) However, the ending of a testator's marriage or
the revocation under Part 2 of the Relationships
Act 2003 of a deed of relationship registered
under that Part to which the testator is a party
does not revoke -
(a) the appointment of the testator's spouse
as trustee of property left by the will on
trust for beneficiaries that include the
spouse's children; or
(b) the grant of a power of appointment
exercisable by the testator's spouse
exclusively in favour of the children of
19
Wills Act 2008
Act No. of
s. 17 Part 2 - Capacity and Formal Requirements
whom both the testator and spouse are
parents.
(3) With respect to the revocation of any disposition,
appointment or grant by this section, the will is
to take effect as if the testator's spouse had died
before the testator.
(4) Subsection (1) does not apply if a contrary
intention appears in the will or can otherwise be
established.
(5) For the purposes of this section, a marriage
ends -
(a) when a decree of dissolution of the
marriage becomes absolute under the
Family Law Act 1975 of the
Commonwealth; or
(b) on the granting of a decree of nullity in
respect of the marriage by the Family
Court of Australia; or
(c) on the dissolution or annulment of the
marriage in accordance with the law of a
place outside Australia, but only if that
dissolution or annulment is recognised in
Australia under the Family Law Act 1975
of the Commonwealth.
(6) In this section -
"testator's spouse" means the person who -
(a) was the testator's spouse
immediately before the marriage
20
Wills Act 2008
Act No. of
Part 2 - Capacity and Formal Requirements s. 18
ended and includes a party to a
purported or void marriage; or
(b) was a party to a deed of
relationship registered under Part
2 of the Relationships Act 2003
to which the testator was also a
party immediately before a deed
of relationship was revoked under
that Part, and includes a party to a
purported or void deed or
relationship under that Part.
18. How a will may be altered
(1) An obliteration, interlineation or other alteration
made in any will after the execution of the will is
not valid, except so far as the words or effect of
the will before the alteration are not apparent,
unless the alteration is executed in accordance
with Division 2 of this Part or Division 2 of
Part 3.
(2) A will, with an alteration as part of the will, is
taken to be duly executed if the signature of the
testator and the subscription of the witnesses are
made in the margin or on some other part of the
will opposite or near to the alteration or at the
foot or end of, or opposite to, a memorandum
referring to the alteration and written at the end
or on some other part of the will.
21
Wills Act 2008
Act No. of
s. 19 Part 2 - Capacity and Formal Requirements
19. How a revoked will may be revived
(1) A will or part of a will that has been revoked is
revived by re-execution or by execution of a will
showing an intention to revive the will or part.
(2) A revival of a will that was partly revoked and
later revoked as to the balance only revives that
part of the will most recently revoked.
(3) Subsection (2) does not apply if a contrary
intention appears in the reviving will.
(4) A will that has been revoked and later revived,
either wholly or partly, is taken to have been
executed on the date on which the will is
revived.
22
Wills Act 2008
Act No. of
Part 3 - Wills Made, Altered, Revoked or Rectified under Authorisation of s. 20
Court or Made under Authorisation of Board
PART 3 - WILLS MADE, ALTERED, REVOKED OR
RECTIFIED UNDER AUTHORISATION OF COURT
OR MADE UNDER AUTHORISATION OF BOARD
Division 1 - Wills by minors
20. Court may authorise wills by minors
(1) The Court may, on application by or on behalf of
a minor, make an order authorising the minor to
make or alter a will in specific terms approved
by the Court, or to revoke the whole or any part
of a will of the minor.
(2) An authorisation under this section may be
granted on such conditions as the Court thinks
fit.
(3) Before making an order under this section, the
Court must be satisfied that -
(a) the minor understands the nature and
effect of the proposed will, alteration or
revocation and the extent of the property
disposed of by it; and
(b) the proposed will, alteration or
revocation accurately reflects the
intentions of the minor; and
(c) it is reasonable in all the circumstances
that the order should be made.
(4) A will or instrument making or altering, or
revoking the whole or any part of, a will made
pursuant to an order under this section -
23
Wills Act 2008
Act No. of
s. 21 Part 3 - Wills Made, Altered, Revoked or Rectified under Authorisation of
Court or Made under Authorisation of Board
(a) must be executed as required by law and
one of the attesting witnesses must be the
Registrar; and
(b) must be retained by the Registrar; and
(c) is not valid if it is made in breach of any
condition subject to which an
authorisation under this section is
granted.
(5) A will made by a deceased minor according to
the law relating to wills of minors of the place
where the deceased was resident at the time of
execution is a valid will of the deceased.
(6) The Court may make an order under this section
even if the will was made before the
commencement of this Act.
Division 2 - Power of Court to authorise making of statutory
will, or alteration or revocation of a will for persons lacking
testamentary capacity
21. Interpretation
In this Division -
"proposed testator" means the person on
whose behalf authorisation for the
making of a will or of any alteration or
revocation of a will is sought under this
Division.
24
Wills Act 2008
Act No. of
Part 3 - Wills Made, Altered, Revoked or Rectified under Authorisation of s. 22
Court or Made under Authorisation of Board
22. Court may make certain orders
(1) The Court may, on application by any person
make an order authorising the making or
alteration of a will in specific terms approved by
the Court, or the revocation of the whole or any
part of a will, on behalf of a person who lacks
testamentary capacity.
(2) The Court may authorise the making or
alteration of a will that deals with the whole of
the property of a person, the making or alteration
of a will that deals with part only of the property
of a person or the alteration of part only of any
will.
(3) The Court is not to make an order under this
Division unless the person on whose behalf
approval for the making of a will is sought is
alive when the order is made.
(4) The Court may make an order under this
Division in respect of a minor who lacks
testamentary capacity by reason of disability or
injury.
(5) The Court may make an order under this
Division even if the will was made before the
commencement of this Act.
23. Leave of Court required to make application
(1) The leave of the Court must be obtained before
an application for an order under this Division is
made.
25
Wills Act 2008
Act No. of
s. 23 Part 3 - Wills Made, Altered, Revoked or Rectified under Authorisation of
Court or Made under Authorisation of Board
(2) In applying for leave to make an application for
an order under this Division, the applicant for
leave must, subject to the Court's discretion,
furnish to the Court -
(a) a written statement of the general nature
of the application and the reasons for
making it; and
(b) satisfactory evidence of the lack of
testamentary capacity of the proposed
testator; and
(c) an estimate, so far as the applicant is
aware of it, of the size and character of
the estate of the proposed testator; and
(d) an initial draft of the proposed will,
alteration or revocation for which the
applicant is seeking the Court's approval;
and
(e) any evidence, so far as it is available,
relating to the wishes of the proposed
testator; and
(f) evidence of the likelihood of the
proposed testator acquiring or regaining
capacity to make a will at any future
time; and
(g) any will, or any copy of any will, in the
possession of the applicant, or details
known to the applicant of any will, of the
proposed testator; and
26
Wills Act 2008
Act No. of
Part 3 - Wills Made, Altered, Revoked or Rectified under Authorisation of s. 23
Court or Made under Authorisation of Board
(h) any evidence of the interests, so far as
they are known to the applicant, or can
be discovered with reasonable diligence,
of any person who would be entitled to
receive any part of the estate of the
proposed testator if the proposed testator
were to die intestate; and
(i) any evidence of any facts so far as they
are known to the applicant, or can be
discovered with reasonable diligence,
indicating the likelihood of an
application being made under the
Testator's Family Maintenance Act
1912; and
(j) any evidence of the circumstances, so far
as they are known to the applicant, or can
be discovered with reasonable diligence,
of any person for whom the proposed
testator might reasonably be expected to
make provision under a will; and
(k) a reference to any disposition for a body,
whether charitable or not, or for a
charitable purpose that the proposed
testator might reasonably be expected to
give or make by will; and
(l) any other facts that the applicant
considers to be relevant to the
application.
27
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Act No. of
s. 24 Part 3 - Wills Made, Altered, Revoked or Rectified under Authorisation of
Court or Made under Authorisation of Board
24. Court must be satisfied as to certain matters
The Court must refuse leave to make an
application for an order under this Division
unless the Court is satisfied that -
(a) the applicant is an appropriate person to
make an application; and
(b) there is reason to believe that the
proposed testator is or may be incapable
of making a will; and
(c) adequate steps have been taken to allow
representation of all persons with a
legitimate interest in the application,
including persons who have reason to
expect a disposition or benefit from the
estate of the proposed testator; and
(d) it is or may be appropriate for an order
authorising the making, alteration or
revocation of a will to be made for the
proposed testator; and
(e) the proposed will, alteration or
revocation is or is reasonably likely to be
one that would have been made by the
proposed testator if he or she had had
testamentary capacity.
25. Hearing of application for leave
(1) On hearing an application for leave, the Court
may -
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Part 3 - Wills Made, Altered, Revoked or Rectified under Authorisation of s. 26
Court or Made under Authorisation of Board
(a) give leave and allow the application for
leave to proceed as an application for an
order under section 22; and
(b) if satisfied of the matters set out in
section 24, make the order.
(2) Without limiting the action the Court may take
in hearing an application for leave, the Court
may revise the terms of any draft of the proposed
will, alteration or revocation for which the
Court's authorisation is sought.
26. Hearing of application for order
In considering an application for an order
authorising the making, alteration or revocation
of a will, the Court -
(a) may have regard to any information
given to the Court in support of an
application for leave under section 23;
and
(b) may inform itself of any other matter in
any manner it sees fit; and
(c) is not bound by the Rules of evidence.
27. Execution of a will
A will, or instrument altering or revoking a will,
made pursuant to an order under this Division,
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Act No. of
s. 28 Part 3 - Wills Made, Altered, Revoked or Rectified under Authorisation of
Court or Made under Authorisation of Board
must be signed by the Registrar and must be
sealed with the seal of the Court.
28. Will or instrument to be forwarded to certain
persons
On the execution of a statutory will, or an
instrument altering or revoking a will made
pursuant to an order under this Division the
Registrar must forward -
(a) the will to the executor named in the will
or, if the executor is not the Public
Trustee or a trustee company within the
meaning of the Trustee Companies Act
1953, to a law practice nominated by the
executor; and
(b) the instrument to the executor named in
the will which the instrument is altering
or revoking and any executor named in
the instrument or if the executor is not
the Public Trustee or a trustee company
within the meaning of the Trustee
Companies Act 1953, to a law practice
nominated by the executor; and
(c) a copy of the will or instrument to the
proposed testator.
30
Wills Act 2008
Act No. of
Part 3 - Wills Made, Altered, Revoked or Rectified under Authorisation of s. 29
Court or Made under Authorisation of Board
Division 3 - Power of Board to make statutory will for person
lacking in testamentary capacity
29. Interpretation
In this Division -
"proposed testator" means the person on
whose behalf an order authorising the
making of a will is sought under this
Division.
30. Board may make certain orders
(1) The Board may, in accordance with this
Division, make orders authorising the making of
a will in specific terms approved by the Board
on behalf of a person who lacks testamentary
capacity.
(2) For the purposes of this Division, a person does
not lack testamentary capacity by reason only of
the fact that he or she is a minor, but does lack
testamentary capacity if he or she is a minor and
lacks testamentary capacity by reason of
disability or injury.
(3) The powers of the Board under subsection (1)
may be exercised -
(a) on the application of any person; or
(b) of its own motion -
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s. 31 Part 3 - Wills Made, Altered, Revoked or Rectified under Authorisation of
Court or Made under Authorisation of Board
but the Board must first hold a hearing in
accordance with Division 1 of Part 10 of the
Guardianship and Administration Act 1995.
(4) The Board may not make an order under
subsection (1) unless it is satisfied, after making
such enquiries as it considers reasonable, that the
person has not made a will or any purported will.
(5) The Board may authorise the making of a will
that deals with the whole or part of the property
of the person.
(6) The Board is not to make an order under this
Division unless the person on whose behalf
authorisation for the making of the will is sought
is alive when the order is made.
(7) The Board may at any time direct that a matter
before the Board pursuant to this Division
proceed by way of an application to the Court
under Division 2.
31. Validity of statutory wills made by Board
A statutory will made by the Board is invalid if
there exists a prior will, which is not a statutory
will made by the Board, of the person for whom
it is made.
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Act No. of
Part 3 - Wills Made, Altered, Revoked or Rectified under Authorisation of s. 32
Court or Made under Authorisation of Board
32. Application for a statutory will
(1) In applying to the Board for a statutory will
under this Division, the applicant must, subject
to the Board's discretion, furnish to the Board -
(a) a written statement of the general nature
of the application and the reasons for
making it, including the grounds on
which it is alleged that the person for
whom the will is proposed to be made
lacks testamentary capacity; and
(b) an estimate, so far as the applicant is
aware of it, of the size and character of
the estate of the proposed testator; and
(c) a proposal nominating the persons who
should benefit under the proposed will
and the extent to which each person
nominated should share in the estate; and
(d) any evidence, so far as it is available,
relating to the wishes of the proposed
testator; and
(e) evidence of the likelihood of the
proposed testator acquiring or regaining
capacity to make a will at any future
time; and
(f) a statutory declaration stating that it is
the applicant's belief that the proposed
testator has not made a will or any
purported will and setting out the reasons
for that belief; and
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s. 32 Part 3 - Wills Made, Altered, Revoked or Rectified under Authorisation of
Court or Made under Authorisation of Board
(g) any evidence of the interests, so far as
they are known to the applicant, or can
be discovered with reasonable diligence,
of any person who would be entitled to
receive any part of the estate of the
proposed testator if the proposed testator
were to die intestate; and
(h) any evidence of any facts indicating the
likelihood, so far as they are known to
the applicant, or can be discovered with
reasonable diligence, of an application
being made under the Testator's Family
Maintenance Act 1912; and
(i) any evidence of the circumstances, so far
as they are known to the applicant, or can
be discovered with reasonable diligence,
of any person for whom the proposed
testator might reasonable by expected to
make provision under a will; and
(j) a reference to any disposition for a body,
whether charitable or not, or for a
charitable purpose that the proposed
testator might reasonably be expected to
give or make by will; and
(k) any other facts that the applicant
considers to be relevant to the
application.
(2) An application under subsection (1) is to be
lodged with the registrar of the Board.
34
Wills Act 2008
Act No. of
Part 3 - Wills Made, Altered, Revoked or Rectified under Authorisation of s. 33
Court or Made under Authorisation of Board
33. Board must be satisfied of certain matters
The Board must not make an order authorising
the making of a will for a proposed testator
unless it is satisfied -
(a) if there is an applicant, that the applicant
is an appropriate person to make the
application; and
(b) that there is reason to believe that the
proposed testator is incapable of making
a will; and
(c) following such enquiries as are
reasonable, that the proposed testator has
not made a will or any purported will;
and
(d) that adequate steps have been taken to
allow representation of all persons with a
legitimate interest in the application,
including persons who have reason to
expect a disposition or benefit from the
estate of the proposed testator; and
(e) that it is appropriate to make an order for
the execution of a will for a proposed
testator; and
(f) that the proposed will, alteration of
revocation is or is reasonably likely to be
one that would have been made by the
proposed testator if he or she had had
testamentary capacity.
35
Wills Act 2008
Act No. of
s. 34 Part 3 - Wills Made, Altered, Revoked or Rectified under Authorisation of
Court or Made under Authorisation of Board
34. Hearing by Board of application
In considering an application for an order
authorising the making of a will, the Board -
(a) may have regard to any information
given to the Board in support of the
application; and
(b) may inform itself of any other matter in
any manner it sees fit; and
(c) is not bound by the rules of evidence.
35. Execution of a will made under this Division
If the Board makes an order authorising the
making of a will for any person, a will executed
under that order is to be -
(a) signed by the President or Deputy
President of the Board in the presence of
2 or more witnesses present at the same
time; and
(b) attested and subscribed by those
witnesses in the presence of the President
or Deputy President.
36. Alteration of statutory will made by Board
The Board may alter a statutory will made by the
Board on application by a person in accordance
with this Division as if references to the
procedure for making a statutory will were read
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Court or Made under Authorisation of Board
as references to the procedure for alteration of a
statutory will.
37. Revocation of statutory will made by Board
(1) The Board may revoke a statutory will made by
the Board on application by a person in
accordance with this Division as if references to
the procedure for making a statutory will were
read as references to the procedure for
revocation of a statutory will.
(2) A person who acquires or regains capacity to
make a will after a statutory will has been made
on his or her behalf may revoke the statutory
will in the same manner as a will may be
revoked under Division 3 of Part 2.
38. Statutory will made by Board to be forwarded to
executor
On the execution of a statutory will, the Board
must forward -
(a) the will to the executor named in the will
or, if the executor is not the Public
Trustee or a Trustee Company within the
meaning of the Trustee Companies Act
1953, to a law practice nominated by the
executor; and
(b) a copy of the will to the proposed
testator.
37
Wills Act 2008
Act No. of
s. 39 Part 3 - Wills Made, Altered, Revoked or Rectified under Authorisation of
Court or Made under Authorisation of Board
Division 4 - Statutory wills generally
39. Effect of statutory will
A statutory will has the same effect for all
purposes as if -
(a) the person for whom it is made were
capable of making a will; and
(b) the statutory will had been executed by
him or her in the manner required by
Division 2 of Part 2.
40. Recognition of statutory wills
A statutory will made according to the law of the
place where the deceased was resident at the
time of execution is to be regarded as a valid will
of the deceased.
41. Application of common law and equity to statutory
wills
The principles and Rules of the common law and
of equity are, to the extent that they are not
inconsistent with this Part, to apply to a valid
statutory will in the same way as they apply to a
will executed in accordance with Division 2 of
Part 2.
38
Wills Act 2008
Act No. of
Part 3 - Wills Made, Altered, Revoked or Rectified under Authorisation of s. 42
Court or Made under Authorisation of Board
Division 5 - Rectification of wills by Court
42. Court may rectify a will
(1) The Court may make an order to rectify a will to
carry out the intentions of the testator if the
Court is satisfied beyond reasonable doubt that
the will does not carry out the testator's
intentions because -
(a) a clerical error was made; or
(b) the will does not give effect to the
testator's instructions.
(2) A person who wishes to make an application for
an order under this section must apply to the
Court within 3 months after the date of the death
of the testator.
(3) The Court may extend the period of time for
making the application if the Court thinks this is
necessary, even if the original period of time has
expired, but not if the final distribution of the
estate has been made.
(4) A personal representative who makes a
distribution to a beneficiary is not liable if -
(a) the distribution is made under section 64;
or
(b) the distribution is made -
(i) at a time when the personal
representative was not aware of
any application for rectification
39
Wills Act 2008
Act No. of
s. 42 Part 3 - Wills Made, Altered, Revoked or Rectified under Authorisation of
Court or Made under Authorisation of Board
or any application having been
made under the Testator's Family
Maintenance Act 1912; and
(ii) at least 3 months after the death
of the testator.
(5) The Court may direct that a certified copy of an
order made under this section be attached to a
will to which it applies and must, if it so directs,
retain the will until the copy of the order is
attached.
40
Wills Act 2008
Act No. of
Part 4 - Construction of Wills s. 43
PART 4 - CONSTRUCTION OF WILLS
43. What interest in property does a will dispose of?
If -
(a) a testator has made a will disposing of
property; and
(b) after the making of the will and before
his or her death, the testator disposes of
an interest in that property -
the will operates to dispose of any remaining
interest the testator has in that property.
44. When a will takes effect
(1) A will takes effect, with respect to the property
disposed of by the will, as if it had been
executed immediately before the death of the
testator.
(2) This section does not apply if a contrary
intention appears in the will.
45. Effect of failure of disposition
(1) To the extent that any disposition of property in
a will, other than the exercise of a power of
appointment, is ineffective wholly or in part, the
will takes effect as if the property or the
41
Wills Act 2008
Act No. of
s. 46 Part 4 - Construction of Wills
undisposed part of the property were part of the
residuary estate of the testator.
(2) This section does not apply if a contrary
intention appears in the will.
46. Use of extrinsic evidence to clarify a will
(1) In proceedings to construe a will, evidence,
including evidence of the testator's intention, is
admissible to the extent that the language used in
the will renders the will, or any part of the will -
(a) meaningless; or
(b) ambiguous on the face of the will; or
(c) ambiguous in the light of the surrounding
circumstances.
(2) Evidence of a testator's intention is not
admissible to establish any of the circumstances
referred to in subsection (1)(c).
(3) Nothing in this section prevents evidence that is
otherwise admissible at law from being
admissible in proceedings to construe a will.
47. Effect of change in testator's domicile
The construction of a will is not altered because
of any change in the testator's domicile after
executing the will.
42
Wills Act 2008
Act No. of
Part 4 - Construction of Wills s. 48
48. Income on contingent, future or deferred
dispositions
A contingent, future or deferred disposition of
property, whether specific or residuary, in a will
includes any intermediate income of the property
that has not been disposed of by the will.
49. Beneficiaries must survive testator for 30 days
(1) If a disposition is made in a will to a person who
dies within 30 days after the death of the testator,
the will is to take effect as if the person had died
immediately before the testator.
(2) This section does not apply if a contrary
intention appears in the will.
(3) A general requirement or condition that a
beneficiary survive the testator does not indicate
a contrary intention for the purpose of this
section.
50. What does general disposition of property include?
A general disposition in a will of all or the
residue of the testator's property, or of all or the
residue of his or her property of a particular
description, includes all the property of the
relevant description over which he or she has a
general power of appointment exercisable by
will and operates as an exercise of the power.
43
Wills Act 2008
Act No. of
s. 51 Part 4 - Construction of Wills
51. What does general disposition of land include?
A general disposition, in a will, of land or of
land in a particular area includes leasehold land
whether or not the testator owns freehold land.
52. Effect of devise of real property without words of
limitation
(1) A disposition of real property, in a will, to a
person without words of limitation is to be
construed as passing the whole estate or interest
of the testator in that property to that person.
(2) Where -
(a) any real estate is devised to a trustee,
without any express limitation of the
estate to be taken by the trustee; and
(b) the beneficial interest in that real estate,
or in the surplus rents and profits of that
real estate, is not given to a person for
life, or that beneficial interest is given to
a person for life, but the purposes of the
trust may continue beyond the life of that
person -
that devise is to be construed to vest in that
trustee the whole legal estate (whether the fee
simple or any other estate) which the testator had
power to dispose of by will in that real estate,
and not an estate determinable when the
purposes of the trust are satisfied.
44
Wills Act 2008
Act No. of
Part 4 - Construction of Wills s. 53
53. How dispositions to issue operate
(1) A disposition to a person's issue without
limitation as to remoteness must be distributed to
that person's issue in the same way as that
person's estate would be distributed if that
person had died intestate leaving only issue
surviving.
(2) This section does not apply if a contrary
intention appears in the will.
54. How requirements to survive with issue are
construed
(1) If there is a disposition to a person in a will that
is expressed to fail if there is either -
(a) a want or a failure of issue of that person
either in his or her lifetime or at his or
her death; or
(b) an indefinite failure of issue of that
person -
those words must be construed to mean a want
or failure of issue in the person's lifetime or at
the person's death and not an indefinite failure of
his or her issue.
(2) This section does not apply if a contrary
intention appears in the will except where the
result would be to cause a failure of the
disposition.
45
Wills Act 2008
Act No. of
s. 55 Part 4 - Construction of Wills
55. Dispositions not to fail because issue have died
before testator
(1) This section applies if -
(a) a testator makes a disposition of property
to a person, whether as an individual or
as a member of a class, who is issue of
the testator (in this section referred to as
an original beneficiary); and
(b) under the will, the interest of the original
beneficiary in the property does not come
to an end at or before the original
beneficiary's death; and
(c) the disposition is not a disposition of
property to the testator's issue, without
limitation as to remoteness; and
(d) the original beneficiary does not survive
the testator for 30 days.
(2) The issue of the original beneficiary who survive
the testator for 30 days take the original
beneficiary's share of the property in place of the
original beneficiary as if the original beneficiary
had died intestate leaving only issue surviving.
(3) Subsection (2) does not apply if -
(a) the original beneficiary did not fulfil a
condition imposed on the original
beneficiary in the will; or
(b) a contrary intention appears in the will.
46
Wills Act 2008
Act No. of
Part 4 - Construction of Wills s. 56
(4) A general requirement or condition that issue
survive the testator or reach a specified age does
not show a contrary intention for the purposes of
subsection (3)(b).
(5) A disposition of property to issue as joint tenants
does not, of itself, show a contrary intention for
the purposes of subsection (3)(b).
56. Construction of dispositions
(1) A disposition of the residue of the estate of a
testator, or of the whole of the estate of a
testator, that refers only to the real estate of the
testator, or only to the personal estate of the
testator, is to be construed to include both the
real and personal estate of the testator.
(2) If any part of a disposition in fractional parts of
the whole or of the residue of the estate of a
testator fails, the part that fails passes to the part
that does not fail, and, if there is more than one
part that does not fail, to all those parts
proportionately.
(3) This section does not apply if a contrary
intention appears in the will.
57. Legacies to unincorporated associations of persons
(1) A disposition -
(a) to an unincorporated association of
persons that is not a charity; or
47
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Act No. of
s. 57 Part 4 - Construction of Wills
(b) to or on trust for the aims, objects or
purposes of an unincorporated
association of persons that is not a
charity; or
(c) to or on trust for the present and future
members of an unincorporated
association of persons that is not a
charity -
has effect as a legacy or devise in augmentation
of the general funds of the association.
(2) Property that is, or that is to be taken to be, a
disposition in augmentation of the general funds
of an unincorporated association must be -
(a) paid in the general fund of the
association; or
(b) transferred to the association; or
(c) sold or otherwise disposed of on behalf
of the association and the proceeds paid
into the general fund of the association.
(3) If the personal representative pays money to an
association under a disposition, the receipt of the
Treasurer or a like officer, if the officer is not so
named, of the association is an absolute
discharge for that payment.
(4) If the personal representative transfers property
to an association under a disposition, the transfer
of that property to a person or persons
designated in writing by any two persons
holding the offices of President, Chairperson,
48
Wills Act 2008
Act No. of
Part 4 - Construction of Wills s. 58
Treasurer or Secretary or like officers, if those
officers are not so named, is an absolute
discharge to the personal representative for the
transfer of that property.
(5) Subsections (3) and (4) do not apply if a contrary
intention appears in the will.
(6) It is not an objection to the validity of a
disposition to an unincorporated association of
persons that a list of persons who were members
of the association at the time the testator died
cannot be compiled, or that the members of the
association have no power to divide assets of the
association beneficially among themselves.
58. Can a person, by a will, delegate the power to
dispose of property?
A power or a trust to dispose of property, created
by a will, is not void on the ground that it is a
delegation of the testator's power to make a will,
if the same power or trust would be valid if made
by the testator by instrument during his or her
lifetime.
59. Effect of referring to valuation in a will
(1) Except to the extent that a method of valuation is
at the relevant time required under a law of
Tasmania or any other place, or is provided for
in the will, an express or implied requirement in
a will that a valuation of property be made or
accepted for any purpose is to be construed as if
49
Wills Act 2008
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s. 59 Part 4 - Construction of Wills
it were a reference to a valuation of the property
as at the date of the testator's death made by a
competent valuer.
(2) This section does not apply if a contrary
intention appears in the will.
50
Wills Act 2008
Act No. of
Part 5 - Wills under Foreign Law s. 60
PART 5 - WILLS UNDER FOREIGN LAW
60. General rule as to formal validity
(1) A will is taken to be properly executed if its
execution conforms to 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 testator's
death; or
(c) of which the testator was a national,
either at the date of execution of the will,
or at 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, if the will has been executed in
conformity with the internal law in force
in the place with which the vessel or
aircraft may be taken to have been most
closely connected having regard to its
registration and other relevant
circumstances;
(b) a will, so far as it disposes of immovable
property, if it has been executed in
conformity with the internal law in force
in the place where the property is
situated;
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s. 61 Part 5 - Wills under Foreign Law
(c) a will, so far as it revokes a will or a
provision of a will that has been executed
in accordance with this Act, or that is
taken to have been properly executed by
this Act, if the later will has been
executed in conformity with any law by
which the earlier will or provision would
be taken to have been validly executed;
(d) a will, so far as it exercises a power of
appointment, if the will has been
executed in conformity with the law
governing the essential validity of the
power.
(3) A will to which this section applies, so far as it
exercises a power of appointment, is not taken to
have been improperly executed because it has
not been executed in accordance with the
formalities required by the instrument creating
the power.
61. Ascertainment of system of internal law
If the internal law in force in a place is to be
applied to a will, but there is more than one
system of internal law in force in the place that
relates to the formal validity of wills, the system
to be applied is determined as follows:
(a) if there is a rule in force throughout the
place that indicates which system of
internal law applies to the will, that rule
must be followed;
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Wills Act 2008
Act No. of
Part 5 - Wills under Foreign Law s. 62
(b) if there is no rule, the system of internal
law is that with which the testator was
most closely connected either -
(i) at the time of his or her death, if
the matter is to be determined by
reference to circumstances
prevailing at his or her death; or
(ii) in any other case, at the time of
execution of the will.
62. Construction of law applying to wills under foreign
law
(1) In determining whether a will has been executed
in conformity with a particular law, regard must
be had to the formal requirements of that law at
the time of execution, but account may be taken
of a later alteration of the law affecting wills
executed at that time, if the alteration enables the
will to be treated as properly executed.
(2) If a law in force outside Tasmania is applied to a
will, a requirement of that law that special
formalities must be observed by testators of a
particular description, or that the witnesses to the
execution of a will must have certain
qualifications, is to be taken to be a formal
requirement only, despite any rule of that law to
the contrary.
53
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Act No. of
s. 63 Part 6 - Miscellaneous
PART 6 - MISCELLANEOUS
63. Persons entitled to see will
(1) Any person having the possession or control of a
will (including a revoked will) or a copy of any
such will and any part of such a will (including a
purported will) of a deceased person must allow
any or all of the following persons to inspect
and, at their own expense, take copies of it:
(a) any person named or referred to in it,
whether as beneficiary or not;
(b) the surviving spouse, any parent or
guardian and any issue of the testator;
(c) any person who would be entitled to a
share of the estate of the testator if the
testator had died intestate;
(d) any creditor or other person having any
claim at law or in equity against the
estate of the deceased;
(e) any beneficiaries of prior wills of the
deceased;
(f) a parent or guardian of a minor referred
to in the will or who would be entitled to
a share of the estate of the testator if the
testator had died intestate.
(2) Any person having the possession or control of
a will (including a revoked will) or a copy of any
such will and any part of such a will (including a
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purported will), of a deceased person must
produce it in Court if required to do so.
(3) Nothing in this section authorises the inspection
or production of a will, a revoked will, a copy of
any such will or any part of such a will while the
testator is alive.
(4) Nothing in this section limits the rights of a
person under any other law.
64. Personal representatives may make maintenance
distributions within 30 days
(1) If a surviving person who is wholly or
substantially dependent on the testator has an
entitlement under a will that does not become
absolute until 30 days after the testator's death,
the personal representative may make a
distribution for the maintenance, support or
education of that person within that 30-day
period.
(2) The personal representative is not liable for any
such distribution that is made in good faith.
(3) The personal representative may make such a
distribution even though the personal
representative knew, at the time the distribution
was made, of a pending application under the
Testator's Family Maintenance Act 1912.
(4) Any sum distributed is to be deducted from any
share of the estate to which the person receiving
the distribution becomes entitled, but, if any
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Act No. of
s. 65 Part 6 - Miscellaneous
person to whom any distribution has been made
does not survive the testator for 30 days, any
such distribution is to be treated as an
administration expense.
65. Rules of Court
The judges of the Court or a majority of them, in
the exercise of their powers under the Supreme
Court Civil Procedure Act 1932, may make
Rules of Court regulating the procedure to be
followed in making an application to the Court
under, or for the purposes of, this Act.
66. Regulations
(1) The Governor may make regulations for the
purposes of this Act, except for the purpose of
regulating the procedure to be followed in
making an application to the Court under, or for
the purposes of, this Act.
(2) The regulations may be made so as to apply
differently according to such factors as are
specified in the regulations.
(3) The regulations may authorise any matter to be
from time to time determined, applied or
regulated by any person or body specified in the
regulations.
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67. Administration of Act
Until provision is made in relation to this Act by
order under section 4 of the Administrative
Arrangements Act 1990 -
(a) the administration of this Act is assigned
to the Minister for Justice; and
(b) the department responsible to that
Minister in relation to the administration
of this Act is the Department of Justice.
68. Consequential amendments
The legislation specified in Schedule 1 is
amended as specified in that Schedule.
69. Legislation repealed
The legislation specified in Schedule 2 is
repealed.
70. Legislation rescinded
The legislation specified in Schedule 3 is
rescinded.
71. Legislation revoked
The legislation specified in Schedule 4 is
revoked.
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Act No. of
sch. 1
SCHEDULE 1 - CONSEQUENTIAL AMENDMENTS
Section 68
Testator's Family Maintenance Act 1912
1. Section 8A is amended by omitting subsection
(1A) and substituting the following subsection:
(1A) Where an application under section 3(1)
relates to a will made under Part 3 of the
Wills Act 2008 by the Guardianship and
Administration Board or the Court, the
Court or judge may have regard to the
records of the Board or Court relating to
the person for whom the will was made
and the reasons given by the Board or
Court for making an order authorising
the making or alteration of a will in
specific terms.
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Wills Act 2008
Act No. of
sch. 2
SCHEDULE 2 - LEGISLATION REPEALED
Section 69
Wills Act 1992 (No. 29 of 1992)
59
Wills Act 2008
Act No. of
sch. 3
SCHEDULE 3 - LEGISLATION RESCINDED
Section 70
Wills Regulations 1997 (No. 124 of 1997)
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Wills Act 2008
Act No. of
sch. 4
SCHEDULE 4 - LEGISLATION REVOKED
Section 71
Proclamation under the Wills Act 1992 (No. 52 of 1995)
Government Printer, Tasmania 61