Victorian Current Acts

WILLS ACT 1997 - SECT 12

S. 12(1) repealed by No. 43/1998
s. 52(1).

    *     *     *     *     *

    (2)     Subject to—

S. 12(2)(a) repealed by No. 43/1998
s. 52(2)(a).

    *     *     *     *     *

        (b)     sections 13 and 14; and

        (c)     any order made by the Court under this Act authorising the revocation of a will; and

        (d)     any order made by the Court under this Act dispensing with the formal requirements for revoking a will—

the whole or any part of a will may not be revoked except—

S. 12(2)(da) inserted by No. 43/1998
s. 52(2)(b).

        (da)     by a later will; or

        (e)     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

        (f)     by the testator, or some person in his or her presence and by his or her direction, burning, tearing or otherwise destroying the will with the intention of revoking it; or

        (g)     by the testator, or by some person in his or her presence and at 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.

S. 12(3) inserted by No. 11/2021 s. 83.

    (3)     For the purposes of subsection (2)(e), a will may be revoked by using the remote execution procedure and that revocation is a valid revocation.