Australian Capital Territory Current Acts

WILLS ACT 1968 - SECT 26

    (1)     Unless a contrary intention appears in the will—

        (a)     a devise in the will—

              (i)     of all the land of the testator; or

              (ii)     of the land of the testator at a particular place or in the occupation of a particular person; or

              (iii)     of the land of the testator described in the will in some other general manner; or

        (b)     any other general devise in the will that would be apt to describe leasehold property of the testator if the testator does not have any real property that the devise is apt to describe;

shall be construed as if the leasehold estates of the testator, or the leasehold estates of the testator that the devise is apt to describe, as the case may be, as well as freehold estates, were land of the testator.

    (2)     Unless the contrary intention appears in the will, if a testator has power to appoint, by will, any real property in such manner as he or she thinks fit, a general devise of the real property of the testator or of the real property of the testator at a particular place, in the occupation of a particular person or otherwise described in a general manner, in the will of the testator—

        (a)     shall be construed as including the real property over which the testator had that power of appointment, or so much of that real property as the description is apt to describe, as the case may be; and

        (b)     operates as the appointment of that real property or so much of that real property as the description is apt to describe, as the case may be, under that power.

    (3)     Unless the contrary intention appears in the will, if a testator has power to appoint, by will, any personal property in a manner that he or she thinks fit, a bequest of the personal property of the testator, or of any class of personal property of the testator described in a general manner, in the will of the testator—

        (a)     shall be construed as including the personal property over which the testator had that power of appointment, or so much of that personal property as is included in that class, as the case may be; and

        (b)     operates as the appointment of that personal property or so much of that personal property as is included in the class of personal property so described, as the case may be, under that power.