Wills Act 1970 (WA)

Western Australia Wills Act 1970 Western Australia Wills Act 1970 Contents Part I — Preliminary 1. Short title 2 2. Commencement 2 4. Terms used 2 5. Application of Act 3 Part II — Dispositions and appointments by will 6. Provision that may be made by will 4 7. Age of capacity to make will 4 Part III — Execution of wills 8. Execution generally 5 9. Execution of will exercising power of appointment 5 10. Alterations after execution 6 11. Situation in which person cannot be witness 6 Part V — Revocation of wills 14. Subsequent marriage 7 14A. Ending of marriage 7 15. When will revoked 8 16. How revoked will revived 9 Part VI — Privileged wills 17. Saving for wills and revocations made under former provisions 10 Part VII — Rules as to formal validity of wills 20. General rules as to formal validity 11 21. Ascertainment of system of internal law 12 Part VIII — The construction of wills 24. Change of domicile 13 25. Disposition of interest in property after making of will 13 26. General rules of construction 13 27. Statutory substitutional gift 14 28. Charges on property to be paid primarily out of property charged 15 28A. Use of extrinsic evidence to clarify will 16 Part IX — Illegitimacy 29. Application of Part IX 17 30. Abolition of rule regarding illegitimates not in being 17 31. Determination of relationships 17 Part XA — International wills 32A. Terms used 19 32B. Application of Convention 19 32C. Persons authorised to act in connection with international wills 19 32D. Witnesses to international wills 20 32E. Application of Act to international wills 20 Part X — Informal wills 32. Court may dispense with formal requirements 21 33. Application of section 32 22 38. Modification of certain references to execution of will 22 Part XI — Wills of persons who lack testamentary capacity Division 1 — Jurisdiction of Supreme Court to authorise the making, alteration and revocation of wills 39. Terms used 23 40. Jurisdiction of Court to make, alter or revoke will 23 41. Content of application under section 40 24 42. Certain criteria to be applied by Court 26 43. Further powers of Court 26 44. Deposit of wills made under this Part with Principal Registrar 27 45. Court may allow access to will 28 46. Alteration or revocation of will authorised under this Part 28 47. Protection of privacy of persons to whom applications relate 29 Division 2 — Wills of persons who lack testamentary capacity made under the law of another place 48. Recognition of wills 29 Part XII — Rectification of wills by Supreme Court 49. Term used: Court 31 50. Court may rectify will 31 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 Notes Compilation table 37 Other notes 38 Defined terms Western Australia Wills Act 1970 An Act to consolidate and amend the law relating to wills.