Western Australian Current Acts

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WILLS ACT 1970 - SECT 20

20 .         General rules as to formal validity

        (1)         A will is taken to be properly executed if its execution conforms to the internal law in force in the place —

            (a)         where it was executed; or

            (b)         that was the testator’s domicile or habitual residence, either at the time the will was executed, or at the testator’s death; or

            (c)         of which the testator was a national, either at the date of execution of the will, or at the testator’s death.

        (2)         The following wills are also taken to be properly executed —

            (a)         a will executed on board a vessel or aircraft, if the will has been executed in conformity with the internal law in force in the place with which the vessel or aircraft may be taken to have been most closely connected having regard to its registration and other relevant circumstances;

            (b)         a will, so far as it disposes of immovable property, if it has been executed in conformity with the internal law in force in the place where the property is situated;

            (c)         a will, so far as it revokes a will or a provision of a will that has been executed in accordance with this Act, or that is taken to have been properly executed by this Act, if the later will has been executed in conformity with any law by which the earlier will or provision would be taken to have been validly executed;

            (d)         a will, so far as it exercises a power of appointment, if the will has been executed in conformity with the law governing the essential validity of the power.

        [Section 20 inserted: No. 27 of 2007 s. 17.]



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