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WILLS ACT 1997
TABLE OF PROVISIONS
PART 2--THE MAKING, ALTERATION, REVOCATION AND REVIVAL OF WILLS
Division 1--Will-making powers
4. What property may be disposed of by will?
5. Minimum age for making a will
6. Wills by minors who are married
Division 2--Executing a will
7. How should a will be executed?
8. Must witnesses know that they are signing a will?
8A. Remote execution procedure
8B. Which document is the will?
8C. Recording of remote execution procedure
8D. Remote execution procedure does not limit other duties and obligations
Division 3--Dispensing with requirements for execution
9. When may the Court dispense with requirements for execution or revocation?
Division 4--Witnessing a will
10. What persons cannot act as witnesses to wills?
11. Can an interested witness benefit from a disposition under a will?
Division 5--Alteration, revocation and revival of wills
12. When and how can a will be revoked?
13. What is the effect of marriage on a will?
14. What is the effect of divorce on a will?
15. Can a will be altered?
16. Can a revoked will be revived?
Division 6--Wills to which foreign laws apply
16A. Division 6 does not limit the operation of Division 7
17. General rule as to validity of a will executed in a foreign place
18. Ascertainment of the system of law which applies to a will
19. Construction of the law applying to wills
Division 7--International wills
19B. Application of Convention
19C. Persons authorised to act in connection with international wills
19D. Witnesses to international wills
19E. Application of Act to international wills
PART 3--WILLS MADE OR RECTIFIED UNDER COURT AUTHORISATION
Division 1--Court authorised wills by minors
20. Wills by minors authorised by the Court
Division 2--Court authorised wills for persons who do not have testamentary capacity
21. Wills for persons who do not have testamentary capacity authorised by the Court
21A. Information which the Court may require in support of an application under section 21
21B. Matters of which the Court must be satisfied before making an order under section 21
21C. Persons entitled to appear
21D. Court may order separate representation of person lacking testamentary capacity
22. Hearing an application for an order
24. Revocation of a will made under an order under section 21
25. Execution and storage of wills made under an order under section 21
30. Recognition of statutory wills
Division 3--Court authorised rectification of wills
31. Can a will be rectified?
32. Order to be attached to will
PART 4--CONSTRUCTION OF WILLS
Division 1--General rules about the construction of wills
33. What interest in property does a will operate to dispose of?
34. When does a will take effect?
35. What is the effect of a failure of a disposition?
36. When is evidence admissible to clarify a will?
37. What is the effect of a change in the testator's domicile?
38. Income on contingent and future dispositions
39. Beneficiaries must survive testator by 30 days
Division 2--Construction of particular provisions in wills
40. What does a general disposition of land include?
41. What does a general disposition of property include?
42. What is the effect of a disposition of real property without words of limitation?
43. How are dispositions to issue to operate?
44. How are requirements to survive with issue construed?
45. Dispositions not to fail because issue have died before the testator
46. Construction of residuary dispositions
47. Dispositions to unincorporated associations of persons
48. Can a person, by will, delegate the power to dispose of property?
49. What is the effect of referring to a valuation in a will?
49A. Effect of remuneration clause
50. Who may see a will?
PART 6--TRANSITIONAL AND CONSEQUENTIAL PROVISIONS
51. Repeal of Wills Act 1958
52. Transitional provisions
52A. Transitional provision—Wills Amendment Act 2007
53. Transitional provision—Court authorised wills—Justice Legislation Amendment (Succession and Surrogacy) Act 2014
54. Power to resolve transitional difficulties in proceeding—Justice Legislation Amendment (Succession and Surrogacy) Act 2014
56. Transitional provision—Administration and Probate and Other Acts Amendment (Succession and Related Matters) Act 2017
57. Transitional provisions—Justice Legislation Amendment (System Enhancements and Other Matters) Act 2021
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