Australian Capital Territory Current Acts

WILLS ACT 1968 - SECT 32

    (1)     Subject to subsection (2), a person may deposit his or her will in the office of the registrar.

    (2)     The registrar may refuse to allow a will to be deposited under subsection (1) unless—

        (a)     the will is enclosed in a sealed envelope or cover; and

        (b)     the envelope or cover has written on it—

              (i)     the full name, occupation (if any) and address of the testator, or some other means of readily identifying the testator; and

              (ii)     the full name, occupation and address of the executor, or of each executor, named in the will.

    (3)     The registrar shall cause a will deposited under subsection (1) to be kept safely at that office until it is dealt with in accordance with subsections (4) and (5).

    (4)     If a person whose will is deposited in the office of the registrar under subsection (1) requests the registrar to do so, the registrar shall cause the will to be delivered to that person.

    (5)     If the registrar is satisfied that a person whose will is deposited in the office of the registrar under subsection (1) is dead, the registrar shall—

        (a)     cause the will to be delivered to the executor or 1 of the executors named on the envelope or cover in which the will is sealed or, if such an executor cannot be found or refuses to accept the will, to the person (if any) that a judge of the Supreme Court directs; or

        (b)     with the permission of a judge of the Supreme Court, cause the will to be destroyed.