Victorian Current Acts

WILLS ACT 1997

TABLE OF PROVISIONS

   PART 1--PRELIMINARY

   1.      Purpose  
   2.      Commencement  
   3.      Definitions  

   PART 2--THE MAKING, ALTERATION, REVOCATION AND REVIVAL OF WILLS

           Division 1--Will-making powers

   4.      What property may be disposed of by will?  
   5.      Minimum age for making a will  
   6.      Wills by minors who are married  

           Division 2--Executing a will

   7.      How should a will be executed?  
   8.      Must witnesses know that they are signing a will?  
   8A.     Remote execution procedure  
   8B.     Which document is the will?  
   8C.     Recording of remote execution procedure  
   8D.     Remote execution procedure does not limit other duties and obligations  

           Division 3--Dispensing with requirements for execution

   9.      When may the Court dispense with requirements for execution or revocation?  

           Division 4--Witnessing a will

   10.     What persons cannot act as witnesses to wills?  
   11.     Can an interested witness benefit from a disposition under a will?  

           Division 5--Alteration, revocation and revival of wills

   12.     When and how can a will be revoked?  
   13.     What is the effect of marriage on a will?  
   14.     What is the effect of divorce on a will?  
   15.     Can a will be altered?  
   16.     Can a revoked will be revived?  

           Division 6--Wills to which foreign laws apply

   16A.    Division 6 does not limit the operation of Division 7  
   17.     General rule as to validity of a will executed in a foreign place  
   18.     Ascertainment of the system of law which applies to a will  
   19.     Construction of the law applying to wills  

           Division 7--International wills

   19A.    Definitions  
   19B.    Application of Convention  
   19C.    Persons authorised to act in connection with international wills  
   19D.    Witnesses to international wills  
   19E.    Application of Act to international wills  

   PART 3--WILLS MADE OR RECTIFIED UNDER COURT AUTHORISATION

           Division 1--Court authorised wills by minors

   20.     Wills by minors authorised by the Court  

           Division 2--Court authorised wills for persons who do not have testamentary capacity

   21.     Wills for persons who do not have testamentary capacity authorised by the Court  
   21A.    Information which the Court may require in support of an application under section 21  
   21B.    Matters of which the Court must be satisfied before making an order under section 21  
   21C.    Persons entitled to appear  
   21D.    Court may order separate representation of person lacking testamentary capacity  
   22.     Hearing an application for an order  
   24.     Revocation of a will made under an order under section 21  
   25.     Execution and storage of wills made under an order under section 21  
   30.     Recognition of statutory wills  

           Division 3--Court authorised rectification of wills

   31.     Can a will be rectified?  
   32.     Order to be attached to will  

   PART 4--CONSTRUCTION OF WILLS

           Division 1--General rules about the construction of wills

   33.     What interest in property does a will operate to dispose of?  
   34.     When does a will take effect?  
   35.     What is the effect of a failure of a disposition?  
   36.     When is evidence admissible to clarify a will?  
   37.     What is the effect of a change in the testator's domicile?  
   38.     Income on contingent and future dispositions  
   39.     Beneficiaries must survive testator by 30 days  

           Division 2--Construction of particular provisions in wills

   40.     What does a general disposition of land include?  
   41.     What does a general disposition of property include?  
   42.     What is the effect of a disposition of real property without words of limitation?  
   43.     How are dispositions to issue to operate?  
   44.     How are requirements to survive with issue construed?  
   45.     Dispositions not to fail because issue have died before the testator  
   46.     Construction of residuary dispositions  
   47.     Dispositions to unincorporated associations of persons  
   48.     Can a person, by will, delegate the power to dispose of property?  
   49.     What is the effect of referring to a valuation in a will?  
   49A.    Effect of remuneration clause  

   PART 5--GENERAL

   50.     Who may see a will?  
   50A.    Regulations  

   PART 6--TRANSITIONAL AND CONSEQUENTIAL PROVISIONS

   51.     Repeal of Wills Act 1958  
   52.     Transitional provisions  
   52A.    Transitional provision—Wills Amendment Act 2007  
   53.     Transitional provision—Court authorised wills—Justice Legislation Amendment (Succession and Surrogacy) Act 2014  
   54.     Power to resolve transitional difficulties in proceeding—Justice Legislation Amendment (Succession and Surrogacy) Act 2014  
   56.     Transitional provision—Administration and Probate and Other Acts Amendment (Succession and Related Matters) Act 2017  
   57.     Transitional provisions—Justice Legislation Amendment (System Enhancements and Other Matters) Act 2021  
           SCHEDULE
           ENDNOTES