Western Australian Current Acts Western Australian Current Acts (1) If the internal
law in force in a place is to be applied to a will, but there is more than one
system of internal law in force in the place that relates to the formal
validity of wills, the system to be applied is determined as follows —
(a) if
there is a rule in force throughout the place that indicates which system of
internal law applies to the will, that rule must be followed;
(b) if
there is no rule, the system of internal law is that with which the testator
was most closely connected either —
(i)
at the time of the testator’s death, if the matter
is to be determined by reference to circumstances prevailing at the
testator’s death; or
(ii)
in any other case, at the time of execution of the will.
(2) In determining
whether a will has been executed in conformity with a particular internal law,
regard must be had to the formal requirements of that law at the time of
execution, but account may be taken of a later alteration of the law affecting
wills executed at that time, if the alteration enables the will to be treated
as properly executed.
(3) If a law in force
outside this State is applied to a will, a requirement of that law that
special formalities must be observed by testators of a particular description
or that the witnesses to the execution of a will must have certain
qualifications, is to be taken to be a formal requirement only, despite any
rule of that law to the contrary.
[Section 21 inserted: No. 27 of 2007 s. 17.]
[ 22, 23. Deleted: No. 27 of 2007 s. 17.]