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


WILLS AMENDMENT (INTERNATIONAL WILLS) BILL 2012

                        Western Australia


Wills Amendment (International Wills) Bill 2012

                           CONTENTS


   1.    Short title                                                2
   2.    Commencement                                               2
   3.    Act amended                                                2
   4.    Section 8 amended                                          2
   5.    Part XA inserted                                           2
         Part XA -- International wills
         32A.      Terms used                                  2
         32B.      Application of Convention                   3
         32C.      Persons authorised to act in connection
                   with international wills                    3
         32D.      Witnesses to international wills            4
         32E.      Application of Act to international wills   4
   6.    Schedule replaced by Schedule 1                            4




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Wills Amendment (International Wills) Bill 2012



Contents



              Schedule 1 -- 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
              Article 2
              Article 3
              Article 4
              Article 5
              Article 6
              Article 7
              Article 8
              Article 9
              Article 10
              CERTIFICATE
              Article 11
              Article 12
              Article 13
              Article 14
              Article 15




page ii
                           Western Australia


                     LEGISLATIVE ASSEMBLY



Wills Amendment (International Wills) Bill 2012


                               A Bill for


An Act to amend the Wills Act 1970.



The Parliament of Western Australia enacts as follows:




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     Wills Amendment (International Wills) Bill 2012



     s. 1




1    1.         Short title
2               This is the Wills Amendment (International Wills) Act 2012.

3    2.         Commencement
4         (1)   This Act comes into operation as follows --
5                (a) sections 1 and 2 -- on the day on which this Act
6                      receives the Royal Assent;
7                (b) the rest of the Act -- on a day fixed by proclamation.
8         (2)   A proclamation cannot be made under subsection (1)(b) unless
9               the Convention providing a Uniform Law on the Form of an
10              International Will 1973 has entered into force in Australia.

11   3.         Act amended
12              This Act amends the Wills Act 1970.

13   4.         Section 8 amended
14              In section 8 after "Parts" insert:
15

16              XA,
17


18   5.         Part XA inserted
19              After section 31 insert:
20


21                       Part XA -- International wills
22          32A.      Terms used
23                    In this Part --
24                    Australian legal practitioner has the meaning given in
25                    the Legal Profession Act 2008 section 3;


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                                                                                 s. 5



1            Convention means the Convention providing a
2            Uniform Law on the Form of an International
3            Will 1973 signed in Washington, D.C. on
4            26 October 1973;
5            international will means a will made in accordance
6            with the requirements of the Annex to the Convention
7            as set out in Schedule 1;
8            this jurisdiction means Western Australia.

9    32B.    Application of Convention
10           The Annex to the Convention has the force of law in
11           this jurisdiction.
12           Note:   The Annex to the Convention is set out in Schedule 1.

13   32C.    Persons authorised to act in connection with
14           international wills
15     (1)   For the purposes of this Part, the following persons are
16           authorised to act in connection with an international
17           will --
18             (a) an Australian legal practitioner;
19             (b) a public notary of any Australian jurisdiction.
20     (2)   For the purposes of this Part, a reference in the Annex
21           to the Convention to a person authorised to act in
22           connection with international wills is a reference to --
23             (a) a person referred to in subsection (1) who is
24                   acting in Australia; or
25             (b) any other person who is acting as an authorised
26                   person under the law of a state (other than
27                   Australia) that is a party to the Convention.
28           Note:   This section gives effect to Articles II and III of the
29                   Convention.




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     s. 6



1           32D.    Witnesses to international wills
2                   The conditions requisite to acting as a witness to an
3                   international will are governed by the law of this
4                   jurisdiction.
5                   Note:   See section 11.

6           32E.    Application of Act to international wills
7                   To avoid doubt, the provisions of this Act that apply to
8                   wills extend to international wills.
9


10   6.       Schedule replaced by Schedule 1
11            Delete the Schedule and insert:
12


13            Schedule 1 -- Annex to Convention providing a
14             Uniform Law on the Form of an International
15                             Will 1973
16                                                                             [s. 32A]

17                                       ANNEX

18                      UNIFORM LAW ON THE FORM OF AN
19                           INTERNATIONAL WILL

20                                       Article 1
21             1.   A will shall be valid as regards form, irrespective
22                  particularly of the place where it is made, of the location of
23                  the assets and of the nationality, domicile or residence of the
24                  testator, if it is made in the form of an international will
25                  complying with the provisions set out in Articles 2 to 5
26                  hereinafter.
27             2.   The invalidity of the will as an international will shall not
28                  affect its formal validity as a will of another kind.



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                                                                          s. 6



1                              Article 2
2         This law shall not apply to the form of testamentary
3         dispositions made by two or more persons in one
4         instrument.

5                              Article 3
6    1.   The will shall be made in writing.
7    2.   It need not be written by the testator himself.
8    3.   It may be written in any language, by hand or by any other
9         means.

10                             Article 4
11   1.   The testator shall declare in the presence of two witnesses
12        and of a person authorized to act in connection with
13        international wills that the document is his will and that he
14        knows the contents thereof.
15   2.   The testator need not inform the witnesses, or the authorized
16        person, of the contents of the will.

17                             Article 5
18   1.   In the presence of the witnesses and of the authorized
19        person, the testator shall sign the will or, if he has
20        previously signed it, shall acknowledge his signature.
21   2.   When the testator is unable to sign, he shall indicate the
22        reason therefor to the authorized person who shall make
23        note of this on the will. Moreover, the testator may be
24        authorized by the law under which the authorized person
25        was designated to direct another person to sign on his
26        behalf.
27   3.   The witnesses and the authorized person shall there and then
28        attest the will by signing in the presence of the testator.

29                             Article 6
30   1.   The signatures shall be placed at the end of the will.

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     s. 6



1                  2.   If the will consists of several sheets, each sheet shall be
2                       signed by the testator or, if he is unable to sign, by the
3                       person signing on his behalf or, if there is no such person,
4                       by the authorized person. In addition, each sheet shall be
5                       numbered.

6                                                 Article 7
7                  1.   The date of the will shall be the date of its signature by the
8                       authorized person.
9                  2.   This date shall be noted at the end of the will by the
10                      authorized person.

11                                                Article 8
12                      In the absence of any mandatory rule pertaining to the
13                      safekeeping of the will, the authorized person shall ask the
14                      testator whether he wishes to make a declaration concerning
15                      the safekeeping of his will. If so and at the express request
16                      of the testator the place where he intends to have his will
17                      kept shall be mentioned in the certificate provided for in
18                      Article 9.

19                                                Article 9
20                      The authorized person shall attach to the will a certificate in
21                      the form prescribed in Article 10 establishing that the
22                      obligations of this law have been complied with.

23                                               Article 10
24                      The certificate drawn up by the authorized person shall be in
25                      the following form or in a substantially similar form:

26                                          CERTIFICATE
27                              (Convention of October 26, 1973)
28            1.        I, ................................................. (name, address and
29                      capacity), a person authorized to act in connection with
30                      international wills



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                                                                                                             s. 6



1    2.          Certify that on ................................ (date) at
2                ............................. (place)
3    3.          (testator) ............................................ (name, address, date
4                and place of birth) in my presence and that of the witnesses
5    4.(a)       ................................................ (name, address, date and
6                place of birth)
7         (b)    ................................................ (name, address, date and
8                place of birth)
9                has declared that the attached document is his will and that
10               he knows the contents thereof.
11   5.          I furthermore certify that:
12   6.(a)       in my presence and in that of the witnesses
13        (1)    the testator has signed the will or has acknowledged his
14               signature previously affixed.
15    *(2)       following a declaration of the testator stating that he was
16               unable to sign his will for the following
17               reason ...............................................................................
18                  -- I have mentioned this declaration on the will
19               * -- the signature has been affixed by
20               .................................................................. (name, address)
21   7.(b)       the witnesses and I have signed the will;
22   8.*(c) each page of the will has been signed by
23          ................................................. and numbered;
24   9.(d)       I have satisfied myself as to the identity of the testator and
25               of the witnesses as designated above;
26   10.(e) the witnesses met the conditions requisite to act as such
27          according to the law under which I am acting;
28   11.*(f) the testator has requested me to include the following
29           statement concerning the safekeeping of his will
30           .............................................................................................



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     s. 6



1             12.        PLACE
2             13.        DATE
3             14.        SIGNATURE and, if necessary, SEAL

4                                                        Article 11
5                        The authorized person shall keep a copy of the certificate
6                        and deliver another to the testator.

7                                                        Article 12
8                        In the absence of evidence to the contrary, the certificate of
9                        the authorized person shall be conclusive of the formal
10                       validity of the instrument as a will under this Law.

11                                                       Article 13
12                       The absence or irregularity of a certificate shall not affect
13                       the formal validity of a will under this Law.

14                                                       Article 14
15                       The international will shall be subject to the ordinary rules
16                       of revocation of wills.

17                                                       Article 15
18                       In interpreting and applying the provisions of this law,
19                       regard shall be had to its international origin and to the need
20                       for uniformity of interpretation.
21

22             ....................................................
23             *To be completed if appropriate
24




 


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