Tasmanian Bills

[Index] [Search] [Download] [Related Items] [Help]


This is a Bill, not an Act. For current law, see the Acts databases.


WILLS AMENDMENT (INTERNATIONAL WILLS) BILL 25 OF 2012

                                       TASMANIA

                                       __________


               WILLS AMENDMENT (INTERNATIONAL WILLS)
                             BILL 2012
                                       __________

                                      CONTENTS
          1.       Short title
          2.       Commencement
          3.       Proclamation under section 2
          4.       Principal Act
          5.       Section 59A inserted
                     59A.     Part does not limit operation of Part 5A
          6.       Part 5A inserted
                     PART 5A - International Wills
                     62A.     Interpretation
                     62B.     Application of Convention
                     62C.     Persons authorised to act in connection with
                              international wills
                     62D.     Witnesses to international wills
                     62E.     Application of Act to international wills
          7.       Schedule 5 inserted
                     Schedule 5 - Annex to Convention Providing a Uniform Law
                              on the Form of an International Will 1973
          8.       Repeal of Act




[Bill 25]-I

 


 

2

 


 

WILLS AMENDMENT (INTERNATIONAL WILLS) BILL 2012 This Public Bill originated in the House of Assembly, and, having this day passed, is now ready for presentation to the Legislative Council for its concurrence. P. R. ALCOCK, Clerk of the House 21 August 2012 (Brought in by the Minister for Justice, the Honourable Brian Neal Wightman) A BILL FOR An Act to amend the Wills Act 2008 Be it enacted by His Excellency the Governor of Tasmania, by and with the advice and consent of the Legislative Council and House of Assembly, in Parliament assembled, as follows: 1. Short title This Act may be cited as the Wills Amendment (International Wills) Act 2012. 2. Commencement This Act commences on a day to be proclaimed. 3. Proclamation under section 2 A proclamation cannot be made under this section unless the Convention providing a Uniform Law on the Form of an International Will 1973 has entered into force in Australia. [Bill 25] 3

 


 

Wills Amendment (International Wills) Act 2012 Act No. of s. 4 4. Principal Act In this Act, the Wills Act 2008* is referred to as the Principal Act. 5. Section 59A inserted Before section 60 of the Principal Act, the following section is inserted in Part 5: 59A. Part does not limit operation of Part 5A This Part does not limit the operation of Part 5A. 6. Part 5A inserted After section 62 of the Principal Act, the following Part is inserted: PART 5A - INTERNATIONAL WILLS 62A. Interpretation In this Part - Convention means the Convention providing a Uniform Law on the Form of an International Will 1973 signed in Washington, D.C. on 26 October 1973; international will means a will made in accordance with the *No. 58 of 2008 4

 


 

Wills Amendment (International Wills) Act 2012 Act No. of s. 6 requirements of the Annex to the Convention as set out in Schedule 5. 62B. Application of Convention The Annex to the Convention has the force of law in this jurisdiction. Note The Annex to the Convention is set out in Schedule 5. 62C. Persons authorised to act in connection with international wills (1) For the purposes of this Part, the following persons are authorised to act in connection with an international will: (a) an Australian legal practitioner; (b) a public notary of any Australian jurisdiction. (2) For the purposes of this Part, a reference in the Annex to the Convention to a person authorised to act in connection with international wills is a reference to - (a) a person referred to in subsection (1) who is acting in Australia; or (b) any other person who is acting as an authorised person under the law of a state (other than 5

 


 

Wills Amendment (International Wills) Act 2012 Act No. of s. 7 Australia) that is a party to the Convention. Note This section gives effect to Articles II and III of the Convention. 62D. Witnesses to international wills The conditions requisite to acting as a witness to an international will are governed by the law of this jurisdiction. Note For the relevant provisions of this Act, see Division 2 of Part 2. 62E. Application of Act to international wills To avoid doubt, the provisions of this Act that apply to wills extend to international wills. 7. Schedule 5 inserted After Schedule 4 to the Principal Act, the following Schedule is inserted: 6

 


 

Wills Amendment (International Wills) Act 2012 Act No. of s. 7 SCHEDULE 5 - ANNEX TO CONVENTION PROVIDING A UNIFORM LAW ON THE FORM OF AN INTERNATIONAL WILL 1973 ANNEX UNIFORM LAW ON THE FORM OF AN INTERNATIONAL WILL Article 1 1. A will shall be valid as regards form, irrespective particularly of the place where it is made, of the location of the assets and of the nationality, domicile or residence of the testator, if it is made in the form of an international will complying with the provisions set out in Articles 2 to 5 hereinafter. 2. The invalidity of the will as an international will shall not affect its formal validity as a will of another kind. Article 2 This law shall not apply to the form of testamentary dispositions made by two or more persons in one instrument. Article 3 1. The will shall be made in writing. 2. It need not be written by the testator himself. 3. It may be written in any language, by hand or by any other means. Article 4 1. The testator shall declare in the presence of two witnesses and of a person authorized to act in connection with international wills that the document is his will and that he knows the contents thereof. 2. The testator need not inform the witnesses, or the authorized person, of the contents of the will. 7

 


 

Wills Amendment (International Wills) Act 2012 Act No. of s. 7 Article 5 1. In the presence of the witnesses and of the authorized person, the testator shall sign the will or, if he has previously signed it, shall acknowledge his signature. 2. When the testator is unable to sign, he shall indicate the reason therefor to the authorized person who shall make note of this on the will. Moreover, the testator may be authorized by the law under which the authorized person was designated to direct another person to sign on his behalf. 3. The witnesses and the authorized person shall there and then attest the will by signing in the presence of the testator. Article 6 1. The signatures shall be placed at the end of the will. 2. If the will consists of several sheets, each sheet shall be signed by the testator or, if he is unable to sign, by the person signing on his behalf or, if there is no such person, by the authorized person. In addition, each sheet shall be numbered. Article 7 1. The date of the will shall be the date of its signature by the authorized person. 2. This date shall be noted at the end of the will by the authorized person. Article 8 In the absence of any mandatory rule pertaining to the safekeeping of the will, the authorized person shall ask the testator whether he wishes to make a declaration concerning the safekeeping of his will. If so and at the express request of the testator the place where he intends to have his will kept shall be mentioned in the certificate provided for in Article 9. Article 9 The authorized person shall attach to the will a certificate in the form prescribed in Article 10 establishing that the obligations of this law have been complied with. 8

 


 

Wills Amendment (International Wills) Act 2012 Act No. of s. 7 Article 10 The certificate drawn up by the authorized person shall be in the following form or in a substantially similar form: CERTIFICATE (Convention of October 26, 1973) 1. I, .............................................. (name, address and capacity), a person authorized to act in connection with international wills 2. Certify that on ........................... (date) at ............................. (place) 3. (testator) .................................... (name, address, date and place of birth) in my presence and that of the witnesses 4. (a) ............................................. (name, address, date and place of birth) (b) ............................................. (name, address, date and place of birth) has declared that the attached document is his will and that he knows the contents thereof. 5. I furthermore certify that - 6. (a) in my presence and in that of the witnesses (1) the testator has signed the will or has acknowledged his signature previously affixed. *(2) following a declaration of the testator stating that he was unable to sign his will for the following reason ............................................................ ..... I have mentioned this declaration on the will *..... the signature has been affixed by .............................. (name, address) 7. (b) the witnesses and I have signed the will; 8. *(c) each page of the will has been signed by ........................ and numbered; 9

 


 

Wills Amendment (International Wills) Act 2012 Act No. of s. 7 9. (d) I have satisfied myself as to the identity of the testator and of the witnesses as designated above; 10. *(e) the witnesses met the conditions requisite to act as such according to the law under which I am acting; 11. *(f) the testator has requested me to include the following statement concerning the safekeeping of his will ................................................................ 12. PLACE 13. DATE 14. SIGNATURE and, if necessary, SEAL Article 11 The authorized person shall keep a copy of the certificate and deliver another to the testator. Article 12 In the absence of evidence to the contrary, the certificate of the authorized person shall be conclusive of the formal validity of the instrument as a will under this Law. Article 13 The absence or irregularity of a certificate shall not affect the formal validity of a will under this Law. Article 14 The international will shall be subject to the ordinary rules of revocation of wills. Article 15 In interpreting and applying the provisions of this law, regard shall be had to its international origin and to the need for uniformity in its interpretation. * To be completed if appropriate 10

 


 

Wills Amendment (International Wills) Act 2012 Act No. of s. 8 8. Repeal of Act This Act is repealed on the ninetieth day from the day on which it commences. Government Printer, Tasmania 11

 


[Index] [Search] [Download] [Help]