AustLII Tasmanian Consolidated Acts

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WILLS ACT 2008 - SECT 8

Division 2 - Execution of a will 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 2 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.
(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.



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