Western Australian Current Acts

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REGISTRATION OF DEEDS ACT 1856 - SECT 13

13 .         Anyone may deposit for safe custody, any deed or will

                That any person or persons may deposit in the Authority’s office for safe custody any conveyance, deed, power of attorney or instrument in writing whatsoever, or his or her last will and testament; of which deed, will, conveyance or other instrument the said Registrar shall (first giving a receipt for the same) immediately make an entry or entries in a book to be kept for that purpose, to which book he shall keep an accurate alphabetical index, having reference therein as well to the name of the testator or parties to each deed or instrument as to the person or persons depositing the same; and the said Registrar shall carefully and securely keep all such deeds, wills or other instruments in the Authority’s office until required by the party or parties depositing the same to deliver them back again: Provided that every such will or testament shall be enclosed within a cover or envelope, sealed with the seal of the testator or testatrix, whose name shall be endorsed by the Registrar on such envelope or cover; and every such will shall remain in the said office until the decease of the testator or testatrix, unless he or she shall previously require the same to be delivered back; and upon the death of the testator or testatrix the said Registrar shall, after examining such will, deliver the same to the executor first named therein, or such other person as the Supreme Court shall, upon petition, order.

        [Section 13 amended: No. 59 of 2004 s. 136; No. 60 of 2006 s. 150(9).]



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