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WILLS ACT 1997 - NOTES

Version No. 036

No. 88 of 1997
Version incorporating amendments as at
26 April 2021

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Version No. 036

Wills Act 1997

No. 88 of 1997
Version incorporating amendments as at
26 April 2021

Endnotes

    1     General information

See www.legislation.vic.gov.au for Victorian Bills, Acts and current Versions of legislation and up-to-date legislative information.

Minister's second reading speech—

Legislative Assembly: 9 October 1997

Legislative Council: 12 November 1997

The long title for the Bill for this Act was "to re-state with amendments the law relating to wills in Victoria, to repeal the Wills Act 1958 and to amend the Administration and Probate Act 1958."

The Wills Act 1997 was assented to on 2 December 1997 and came into operation as follows:

Sections 1 and 2 on 2 December 1997: section 2(1); rest of Act on 20 July 1998: Government Gazette 16 July 1998 page 1924.

INTERPRETATION OF LEGISLATION ACT 1984 (ILA)

Style changes

Section 54A of the ILA authorises the making of the style changes set out in Schedule 1 to that Act.

References to ILA s. 39B

Sidenotes which cite ILA s. 39B refer to section 39B of the ILA which provides that where an undivided section or clause of a Schedule is amended by the insertion of one or more subsections or subclauses, the original section or clause becomes subsection or subclause (1) and is amended by the insertion of the expression "(1)" at the beginning of the original section or clause.

Interpretation

As from 1 January 2001, amendments to section 36 of the ILA have the following effects:

•     Headings

All headings included in an Act which is passed on or after 1 January 2001 form part of that Act. Any heading inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, forms part of that Act. This includes headings to Parts, Divisions or Subdivisions in a Schedule; sections; clauses; items; tables; columns; examples; diagrams; notes or forms. See section 36(1A)(2A).

•     Examples, diagrams or notes

All examples, diagrams or notes included in an Act which is passed on or after 1 January 2001 form part of that Act. Any examples, diagrams or notes inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, form part of that Act. See section 36(3A).

•     Punctuation

All punctuation included in an Act which is passed on or after 1 January 2001 forms part of that Act. Any punctuation inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, forms part of that Act. See section 36(3B).

•     Provision numbers

All provision numbers included in an Act form part of that Act, whether inserted in the Act before, on or after 1 January 2001. Provision numbers include section numbers, subsection numbers, paragraphs and subparagraphs. See section 36(3C).

•     Location of "legislative items"

A "legislative item" is a penalty, an example or a note. As from 13 October 2004, a legislative item relating to a provision of an Act is taken to be at the foot of that provision even if it is preceded or followed by another legislative item that relates to that provision. For example, if a penalty at the foot of a provision is followed by a note, both of these legislative items will be regarded as being at the foot of that provision. See section 36B.

•     Other material

Any explanatory memorandum, table of provisions, endnotes, index and other material printed after the Endnotes does not form part of an Act.
See section 36(3)(3D)(3E).

    2     Table of Amendments

This publication incorporates amendments made to the Wills Act 1997 by Acts and subordinate instruments.

–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––

Wills Act 1997, No. 88/1997

Assent Date:

2.12.97

Commencement Date:

S. 55(4) inserted on 1.1.15 by No. 80/2014 s. 31: Special Gazette (No. 400) 29.10.14 p. 2

Note:

S. 55(4) repealed s. 55 on 1.1.17

Current State:

This information relates only to the provision/s amending the Wills Act 1997

Miscellaneous Acts (Omnibus No. 1) Act 1998, No. 43/1998

Assent Date:

26.5.98

Commencement Date:

Ss 5257 on 26.5.98: s. 2(1); s. 58 on 20.7.98: s. 2(5)

Current State:

This information relates only to the provision/s amending the Wills Act 1997

Tribunals and Licensing Authorities (Miscellaneous Amendments) Act 1998, No. 52/1998

Assent Date:

2.6.98

Commencement Date:

S. 311(Sch. 1 item 108) on 1.7.98: Government Gazette 18.6.98 p. 1512

Current State:

This information relates only to the provision/s amending the Wills Act 1997

Statute Law Amendment (Relationships) Act 2001, No. 27/2001

Assent Date:

12.6.01

Commencement Date:

S. 3(Sch. 1 item 14) on 28.6.01: Government Gazette 28.6.01 p. 1428

Current State:

This information relates only to the provision/s amending the Wills Act 1997

Legal Profession (Consequential Amendments) Act 2005, No. 18/2005

Assent Date:

24.5.05

Commencement Date:

S. 18(Sch. 1 item 119) on 12.12.05: Government Gazette 1.12.05 p. 2781

Current State:

This information relates only to the provision/s amending the Wills Act 1997

Wills Amendment Act 2007, No. 38/2007

Assent Date:

14.8.07

Commencement Date:

Ss 3, 4 on 15.8.07: s. 2

Current State:

This information relates only to the provision/s amending the Wills Act 1997

Relationships Act 2008, No. 12/2008

Assent Date:

15.4.08

Commencement Date:

S. 73(1)(Sch. 1 item 66) on 1.12.08: s. 2(2)

Current State:

This information relates only to the provision/s amending the Wills Act 1997

Statute Law Amendment (Evidence Consequential Provisions) Act 2009, No. 69/2009

Assent Date:

24.11.09

Commencement Date:

S. 54(Sch. Pt 1 item 66) on 1.1.10: s. 2(2)

Current State:

This information relates only to the provision/s amending the Wills Act 1997

Statute Law Revision Act 2011, No. 29/2011

Assent Date:

21.6.11

Commencement Date:

S. 3(Sch. 1 item 110) on 22.6.11: s. 2(1)

Current State:

This information relates only to the provision/s amending the Wills Act 1997

Wills Amendment (International Wills) Act 2012, No. 44/2012

Assent Date:

27.6.12

Commencement Date:

Ss 47 on 10.3.15: Special Gazette (No. 376) 21.10.14 p. 1

Current State:

This information relates only to the provision/s amending the Wills Act 1997

Legal Profession Uniform Law Application Act 2014, No. 17/2014 (as amended by No. 8/2015)

Assent Date:

25.3.14

Commencement Date:

S. 160(Sch. 2 item 111) on 1.7.15: Special Gazette (No. 151) 16.6.15 p. 1

Current State:

This information relates only to the provision/s amending the Wills Act 1997

Justice Legislation Amendment (Succession and Surrogacy) Act 2014, No. 80/2014

Assent Date:

21.10.14

Commencement Date:

Ss 27–31, 4850 on 1.1.15: Special Gazette (No. 400) 29.10.14 p. 2

Current State:

This information relates only to the provision/s amending the Wills Act 1997

Administration and Probate and Other Acts Amendment (Succession and Related Matters) Act 2017, No. 41/2017

Assent Date:

19.9.17

Commencement Date:

Ss 28–30 on 1.11.17: s. 2(2)

Current State:

This information relates only to the provision/s amending the Wills Act 1997

Guardianship and Administration Act 2019, No. 13/2019

Assent Date:

4.6.19

Commencement Date:

S. 221(Sch. 1 item 61) on 1.3.20: s. 2(2)

Current State:

This information relates only to the provision/s amending the Wills Act 1997

Justice Legislation Amendment (System Enhancements and Other Matters) Act 2021, No. 11/2021

Assent Date:

23.3.21

Commencement Date:

Ss 79–88 on 26.4.21: s. 2(2)

Current State:

This information relates only to the provision/s amending the Wills Act 1997

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    3     Amendments Not in Operation

This version does not contain amendments that are not yet in operation.

    4     Explanatory details

No entries at date of publication.



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