Australian Capital Territory Current Acts

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WILLS ACT 1968 - SECT 10

When signature to will valid

    (1)     A will, so far only as regards the position of the signature of the testator on the will, is not invalid if the signature is so placed at, after, following, under, beside or opposite to the end of the will that it is apparent on the face of the will that the testator intended to give effect by that signature to the writing signed as his or her will.

    (2)     Without limiting subsection (1), the validity of a will is not affected by reason of the fact—

        (a)     that the signature of the testator does not follow, or is not immediately after, the foot or end of the will; or

        (b)     that a blank space intervenes between the concluding word of the will and the signature; or

        (c)     that the signature—

              (i)     is placed among the words of the testimonium clause or of the clause of attestation; or

              (ii)     follows, or is after or under, the clause of attestation, whether or not a blank space intervenes between the concluding word of that clause and the signature; or

              (iii)     follows, or is after, under or beside, the names, or 1 of the names, of the subscribing witnesses; or

        (d)     that the signature is on a side, page or other portion of the paper or papers containing the will on which no clause, paragraph or disposing part of the will is written above the signature; or

        (e)     that there appears to be sufficient space for the signature on or at the bottom of the preceding side, page or other portion of the paper on which the will is written.

    (3)     The signature of the testator on a will does not operate to give effect to a disposition or direction that is underneath or follows that signature, or that is inserted in the will after that signature is made.

    (4)     In this section, references to the signature of the testator are, in relation to a will signed by a person by the direction of the testator, references to the signature of that person.



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