{"id":"a-1968-11","name":"Wills Act 1968","slug":"wills-act-1968","collection":"act","jurisdiction":"act","status":"in_force","isInForce":true,"actNumber":"11 of 1968","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":24503,"registerId":"act-a-1968-11-current","compilationNumber":null,"startDate":"2026-04-01","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"Part 1","sectionType":"part","heading":"Preliminary","content":"Part 1 Preliminary\n1 Name of Act\nThis Act is the Wills Act 1968.\n2 Dictionary\nThe dictionary at the end of this Act is part of this Act.\nNote 1 The dictionary at the end of this Act defines certain terms used in this Act.\nNote 2 A definition in the dictionary applies to the entire Act unless the\ndefinition, or another provision of the Act, provides otherwise or the\ncontrary intention otherwise appears (see Legislation Act, s 155 and\ns 156 (1)).\n3 Notes\nA note included in this Act is explanatory and is not part of this Act.\nNote See the Legislation Act, s 127 (1), (4) and (5) for the legal status of notes.\n5 Application of Act\nExcept as otherwise provided by this Act, this Act applies to and in\nrelation to a will or testamentary disposition of a person who dies\nafter the commencement of this Act, whether the will or testamentary\ndisposition was made before or after the commencement of this Act.\nNote See section 35 for particular provisions about wills made or republished\nafter 24 March 1989 or taking effect after 7 November 1991.\n\nWills Part 2\nSection 7\nR22\n23/02/26\nWills Act 1968\nEffective: 23/02/26\npage 3\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nPart 2 Wills\n","sortOrder":0},{"sectionNumber":"7","sectionType":"section","heading":"Person may dispose of all his or her property by will","content":"7 Person may dispose of all his or her property by will\n(1) A person may, by his or her will, devise, bequeath or dispose of any\nreal property or personal property to which he or she is entitled at the\ntime of his or her death, whether he or she became entitled to the\nproperty before or after the execution of his or her will.\n(2) Without limiting subsection (1), a person may, by his or her will,\ndispose of—\n(a) property that, if not disposed of by his or her will, would devolve\non the executor of his or her will or the administrator of his or\nher estate; and\n(b) an estate pur autre vie, whether there is or is not a special\noccupant of the estate, whether the estate is freehold or of any\nother tenure and whether the estate is a corporeal or incorporeal\nhereditament; and\n(c) a contingent, executory or future interest in real property or\npersonal property, whether he or she becomes entitled to the\ninterest under the instrument by which the interest was created\nor under a disposition of the interest by deed or will and whether\nhe or she has or has not been ascertained as the person or 1 of\nthe persons in whom the interest may become vested; and\n(d) a right of entry for conditions broken and any other right of\nentry.\n","sortOrder":1},{"sectionNumber":"8","sectionType":"section","heading":"Children—testamentary capacity","content":"8 Children—testamentary capacity\n(1) Subject to this section and section 16, a will made by a child is not\nvalid.\n(2) A child who is or has been married or in a civil union may make a\nvalid will and may revoke a will, or a part of a will, that he or she has\nmade.\n\nPart 2 Wills\nSection 8A\npage 4 Wills Act 1968\nEffective: 23/02/26\nR22\n23/02/26\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(3) A will made by a child who may marry or enter into a civil union and\nthat is made in contemplation of a marriage or civil union is, on the\nsolemnisation of the marriage or entry into the civil union\ncontemplated, valid.\n(4) If the Supreme Court, on an application by a child under section 8A,\nmakes an order in accordance with that section enabling the child to\nmake a will in the specific terms of a proposed will attached to the\napplication, the child may make a valid will in those terms.\n(5) If the Supreme Court, on an application by a child under section 8B,\nmakes an order in accordance with that section enabling the child to\nrevoke a will, or a part of a will, the child may revoke the will, or the\npart of the will, in accordance with that order.\n(6) A child who has made a will in accordance with an order of the\nSupreme Court under section 8A and who has not at any time been\nmarried or in a civil union may not revoke the will, or a part of the\nwill, otherwise than in accordance with an order of the Supreme Court\nunder section 8B.\n(7) This section has effect subject to section 9.\n","sortOrder":2},{"sectionNumber":"8A","sectionType":"section","heading":"Supreme Court enabling will by child","content":"8A Supreme Court enabling will by child\n(l) A child may apply to the Supreme Court for an order declaring that\nthe child is entitled to make a will in the terms of a proposed will\nattached to the application.\n(2) On an application made by a child under subsection (1), the Supreme\nCourt may, if it is satisfied that—\n(a) the child understands the nature and effect of the proposed will;\nand\n(b) the proposed will accurately reflects the intentions of the child;\nand\n\nWills Part 2\nSection 8B\nR22\n23/02/26\nWills Act 1968\nEffective: 23/02/26\npage 5\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(c) it is reasonable in all the circumstances that the child should be\nable to make the proposed will;\nmake an order declaring that the child is entitled to make a valid will\nin the specific terms of the proposed will attached to the application.\n","sortOrder":3},{"sectionNumber":"8B","sectionType":"section","heading":"Supreme Court enabling revocation of will by child","content":"8B Supreme Court enabling revocation of will by child\n(1) A child who has made a valid will and has not at any time been\nmarried or in a civil union may apply to the Supreme Court for an\norder declaring that the child is entitled to revoke the will, or a part of\nthe will, by an instrument in the terms of a proposed instrument\nattached to the application.\n(2) On an application made by a child under subsection (1), the Supreme\nCourt may, if it is satisfied that—\n(a) the child understands the nature and effect of the proposed\ninstrument; and\n(b) the proposed instrument accurately reflects the intentions of the\nchild; and\n(c) it is reasonable in all the circumstances that the child should be\nable to revoke the will, or the part of the will, by the proposed\ninstrument;\nmake an order declaring that the child is entitled to revoke the will,\nor the part of the will, by executing an instrument in the specific terms\nof the proposed instrument attached to the application.\n","sortOrder":4},{"sectionNumber":"9","sectionType":"section","heading":"Will to be in writing and signed before 2 witnesses","content":"9 Will to be in writing and signed before 2 witnesses\n(1) Subject to this Act, a will is not valid unless—\n(a) it is in writing; and\n(b) it is signed at the foot or end by the testator, or by another person\nin the presence of and by the direction of the testator; and\n\nPart 2 Wills\nSection 10\npage 6 Wills Act 1968\nEffective: 23/02/26\nR22\n23/02/26\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(c) the signature of the testator is made or acknowledged, or the\nsignature of the person who signs the will by the direction of the\ntestator is acknowledged, by the testator in the presence of 2 or\nmore witnesses present at the same time; and\n(d) 2 or more of those witnesses each attest that signing of the will\nor that acknowledgment of the signing of the will and subscribe\nthe will in the presence of the testator and of the other witness\nor witnesses.\n(2) Subsection (1) shall not be taken to require any form of attestation on\na will.\n","sortOrder":5},{"sectionNumber":"10","sectionType":"section","heading":"When signature to will valid","content":"10 When signature to will valid\n(1) A will, so far only as regards the position of the signature of the\ntestator on the will, is not invalid if the signature is so placed at, after,\nfollowing, under, beside or opposite to the end of the will that it is\napparent on the face of the will that the testator intended to give effect\nby that signature to the writing signed as his or her will.\n(2) Without limiting subsection (1), the validity of a will is not affected\nby reason of the fact—\n(a) that the signature of the testator does not follow, or is not\nimmediately after, the foot or end of the will; or\n(b) that a blank space intervenes between the concluding word of\nthe will and the signature; or\n(c) that the signature—\n(i) is placed among the words of the testimonium clause or of\nthe clause of attestation; or\n(ii) follows, or is after or under, the clause of attestation,\nwhether or not a blank space intervenes between the\nconcluding word of that clause and the signature; or\n\nWills Part 2\nSection 11\nR22\n23/02/26\nWills Act 1968\nEffective: 23/02/26\npage 7\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(iii) follows, or is after, under or beside, the names, or 1 of the\nnames, of the subscribing witnesses; or\n(d) that the signature is on a side, page or other portion of the paper\nor papers containing the will on which no clause, paragraph or\ndisposing part of the will is written above the signature; or\n(e) that there appears to be sufficient space for the signature on or\nat the bottom of the preceding side, page or other portion of the\npaper on which the will is written.\n(3) The signature of the testator on a will does not operate to give effect\nto a disposition or direction that is underneath or follows that\nsignature, or that is inserted in the will after that signature is made.\n(4) In this section, references to the signature of the testator are, in\nrelation to a will signed by a person by the direction of the testator,\nreferences to the signature of that person.\n","sortOrder":6},{"sectionNumber":"11","sectionType":"section","heading":"Appointments by will","content":"11 Appointments by will\n(1) If a testator purports to make an appointment by his or her will in\nexercise of a power of appointment, the appointment is not valid\nunless the will is—\n(a) executed in accordance with this part; or\n(b) under part 2A, to be taken to have been properly made.\n\nPart 2 Wills\nSection 11A\npage 8 Wills Act 1968\nEffective: 23/02/26\nR22\n23/02/26\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(2) If power is given to a person to make an appointment by a will that is\nexecuted in some particular manner or with some particular\nsolemnity, the person may exercise the power by a will that is\nexecuted in accordance with this part but is not executed in that\nmanner or with that solemnity.\n","sortOrder":7},{"sectionNumber":"11A","sectionType":"section","heading":"Validity of will etc not executed with required formalities","content":"11A Validity of will etc not executed with required formalities\n(1) A document, or a part of a document, purporting to embody\ntestamentary intentions of a deceased person shall, notwithstanding\nthat it has not been executed in accordance with the formal\nrequirements of this Act, constitute a will of the deceased person, an\namendment of the will of the deceased person or a revocation of the\nwill of the deceased person if the Supreme Court is satisfied that the\ndeceased person intended the document or part of the document to\nconstitute his or her will, an amendment of his or her will or the\nrevocation of his or her will respectively.\n(2) In forming a view of whether a deceased person intended a document\nor a part of a document to constitute his or her will, an amendment of\nhis or her will or a revocation of his or her will, the Supreme Court\nmay, in addition to having regard to the document, have regard to—\n(a) any evidence relating to the manner of execution of the\ndocument; or\n(b) any evidence of the testamentary intentions of the deceased\nperson, including evidence (whether admissible before the\ncommencement of this section or not) of statements made by the\ndeceased person.\n\nWills Part 2\nSection 12\nR22\n23/02/26\nWills Act 1968\nEffective: 23/02/26\npage 9\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n","sortOrder":8},{"sectionNumber":"12","sectionType":"section","heading":"Alteration in will","content":"12 Alteration in will\n(1) An obliteration, interlineation, or other alteration made in a will after\nthe execution of the will is not valid or effectual for any purpose,\nexcept so far as a word in the will or the effect of the will before the\nalteration is not apparent, unless—\n(a) the obliteration, interlineation or alteration is signed by the\ntestator or by another person in the presence of and by the\ndirection of the testator; and\n(b) the signature of the testator is made or acknowledged, or the\nsignature of the person who signs the will by the direction of the\ntestator is acknowledged, by the testator in the presence of 2 or\nmore witnesses present at the same time; and\n(c) 2 or more of those witnesses each attest that signing or that\nacknowledgment of that signing and subscribe the obliteration,\ninterlineation or alteration in the presence of the testator and of\nthe other witness or witnesses.\n(2) An obliteration, interlineation or other alteration made in a will after\nthe execution of the will shall be deemed to comply with the\nprovisions of subsection (1) if the signature of the testator or of the\nperson who signs on behalf of the testator and the subscription of the\nwitnesses, in relation to the obliteration, interlineation or other\nalteration, are made—\n(a) in the margin, or on some other part of the will, opposite or near\nto the obliteration, interlineation or other alteration; or\n(b) at the foot or end of, or opposite to, a memorandum that refers\nto the obliteration, interlineation or other alteration and is\nwritten at the end, or at another part, of the will.\n\nPart 2 Wills\nSection 12A\npage 10 Wills Act 1968\nEffective: 23/02/26\nR22\n23/02/26\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n","sortOrder":9},{"sectionNumber":"12A","sectionType":"section","heading":"Rectification","content":"12A Rectification\n(1) If the Supreme Court is satisfied that the probate copy of the will of a\ntestator is so expressed that it fails to carry out his or her intentions,\nit may order that the will be rectified so as to carry out the testator’s\nintentions.\n(2) The Supreme Court may order that the probate copy of the last will\nof a testator be rectified to give effect to the testator’s probable\nintention if satisfied that—\n(a) any of the following apply in relation to circumstances or events\n(whether they existed or happened before, at or after the\nexecution of the will):\n(i) the circumstances or events were not known to, or\nanticipated by, the testator;\n(ii) the effects of the circumstances or events were not fully\nappreciated by the testator;\n(iii) the circumstances or events arose or happened at or after\nthe death of the testator; and\n(b) because of the circumstances or events, the application of the\nprovisions of the will according to their tenor would fail to give\neffect to the probable intention of the testator if the testator had\nknown of, anticipated or fully appreciated their effects.\n(3) Except with the leave of the Supreme Court, an application to the\ncourt for an order for rectification shall not be made after the\nexpiration of the period of 6 months commencing—\n(a) if the public trustee and guardian is administering the estate of\nthe testator under the Administration and Probate Act 1929,\nsection 87B or 87C—on the day when notice was given under\nthat Act, section 87B (4) or 87C (5); or\n\nWills Part 2\nSection 12A\nR22\n23/02/26\nWills Act 1968\nEffective: 23/02/26\npage 11\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(b) if an order has been granted under that Act, section 88 (1) or (3)\nin respect of the estate of the testator—on the day when the order\nwas granted; or\n(c) in any other case—on the day of the grant of probate of the will\nor letters of administration of the relevant estate with will\nannexed.\n(4) A personal representative of a deceased person may, within the period\nof 4 months commencing on the day referred to in subsection (3) (a),\n(b) or (c) (whichever is applicable), by public notice of his or her\nintention to distribute all or part of the estate of the deceased person\nafter the expiration of the period of 1 month commencing on the day\nwhen the advertisement was so published and requiring any person\nwishing to make an application for an order for rectification to do so\nwithin that period of 1 month.\nNote Public notice means notice on an ACT government website or in a daily\nnewspaper circulating in the ACT (see Legislation Act, dict, pt 1).\n(5) A personal representative of a deceased person is not liable for having\ndistributed any part of the estate of the deceased person otherwise\nthan in accordance with the provisions of the will of that deceased\nperson as altered by an order for rectification if the distribution was\nmade prior to the making of that order in accordance with the\nprovisions of the will before it was so altered and, at the time of the\ndistribution—\n(a) a period of 1 month had elapsed since an advertisement was\npublished in accordance with subsection (4) and the personal\nrepresentative had not received notice that an application had\nbeen made to the Supreme Court for an order for rectification;\nor\n\nPart 2 Wills\nSection 12A\npage 12 Wills Act 1968\nEffective: 23/02/26\nR22\n23/02/26\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(b) the period of 6 months commencing on the day referred to in\nsubsection (3) (a), (b) or (c) (whichever is applicable) had\nexpired and—\n(i) the personal representative had not received notice that an\napplication had been made to the court for an order for\nrectification, that the court had granted leave to apply for\nsuch an order or that an application had been made to the\ncourt for leave to apply for such an order; or\n(ii) the court had granted leave to apply for an order for\nrectification but a period of 7 days had elapsed since the\nday when that leave was granted without any application\nfor such an order having been made.\n(6) Nothing in this section shall be taken to affect the right of a person,\narising by reason of the making of an order for rectification, to\nrecover any part of the estate of a deceased person that had been\ndistributed before that order was made.\n(7) In this section:\norder for rectification means an order inserting material in, or\nomitting material from, the probate copy of a will.\npersonal representative, in relation to a deceased person, means the\nexecutor of the will of the deceased person or the administrator of the\nestate of the deceased person (including the public trustee and\nguardian when administering the estate of the deceased person under\nthe Administration and Probate Act 1929, section 87B, 87C or 88).\nprobate copy, in relation to a will of a deceased person, includes the\ncopy of the will—\n(a) annexed to letters of administration of the estate of the deceased\nperson; or\n(b) used in administering the estate of the deceased person under the\nAdministration and Probate Act 1929, section 87B; or\n\nWills Part 2\nSection 12B\nR22\n23/02/26\nWills Act 1968\nEffective: 23/02/26\npage 13\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(c) annexed to an election to administer the estate of the deceased\nperson under that Act, section 87C; or\n(d) annexed to an order granted to collect and administer the estate\nof the deceased person under that Act, section 88.\n","sortOrder":10},{"sectionNumber":"12B","sectionType":"section","heading":"Extrinsic evidence","content":"12B Extrinsic evidence\nIn proceedings to construe a will, evidence, including evidence of the\ntestator’s dispositive intention, is admissible to the extent that the\nlanguage used in the will renders the will, or any part of the will—\n(a) meaningless; or\n(b) ambiguous or uncertain on the face of the will; or\n(c) ambiguous or uncertain in the light of the surrounding\ncircumstances;\nbut evidence of a testator’s dispositive intention is not admissible to\nestablish any of the circumstances referred to in paragraph (c).\n","sortOrder":11},{"sectionNumber":"13","sectionType":"section","heading":"Publication of will unnecessary","content":"13 Publication of will unnecessary\nThe validity of a will that has been executed in accordance with the\nprovisions of this part is not affected by reason that a person who\nsubscribed the will as a witness was unaware that the document was\na will.\n","sortOrder":12},{"sectionNumber":"14","sectionType":"section","heading":"Will not voided by incompetence of witness","content":"14 Will not voided by incompetence of witness\nThe validity of a will that has been executed in accordance with the\nprovisions of this part is not affected by reason that a person who\nsubscribed the will as a witness was, at the time of the execution of\nthe will, incompetent to be admitted as a witness to prove the\nexecution of the will or became so incompetent at any time after the\nexecution of the will.\n\n","sortOrder":13},{"sectionNumber":"Part 2","sectionType":"part","heading":"Wills","content":"Part 2 Wills\nSection 14A\npage 14 Wills Act 1968\nEffective: 23/02/26\nR22\n23/02/26\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n","sortOrder":14},{"sectionNumber":"14A","sectionType":"section","heading":"Certain appointments and trusts not void","content":"14A Certain appointments and trusts not void\nIf a testator, by his or her will—\n(a) gives a person a power to appoint property; or\n(b) appoints a person to be trustee of any property with power to\ndistribute the property as the trustee thinks fit;\nthe giving of that power, or the creation of that trust, by the will shall\nnot be void if the same power could have been given, or the same\ntrust created, by an instrument inter vivos.\n","sortOrder":15},{"sectionNumber":"15","sectionType":"section","heading":"Will attested by beneficiary or domestic partner of","content":"15 Will attested by beneficiary or domestic partner of\nbeneficiary\nNo will or testamentary provision of a will shall be void by reason\nonly of the execution of the will having been attested by a person, or\nthe domestic partner of a person, who has or may acquire, under the\nwill or provision, any interest in property subject to the will.\n\nFormal validity of wills Part 2A\nSection 15A\nR22\n23/02/26\nWills Act 1968\nEffective: 23/02/26\npage 15\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nPart 2A Formal validity of wills\n","sortOrder":16},{"sectionNumber":"15A","sectionType":"section","heading":"Definitions for pt 2A","content":"15A Definitions for pt 2A\nIn this part:\ncountry means any place or group of places having its own law of\nnationality or citizenship.\ninternal law, in relation to any country or place, means the law that\nwould apply in that country or place if no question of the law in force\nin any other country or place arose.\nmade, in relation to a will, means executed or otherwise made.\nplace includes a State or Territory.\ntestator means a person who made a will.\nwill includes any testamentary instrument or act.\n","sortOrder":17},{"sectionNumber":"15B","sectionType":"section","heading":"System of law to be applied","content":"15B System of law to be applied\n(1) If—\n(a) there are in force in any country or place 2 or more systems of\ninternal law relating to the formal validity of wills; and\n(b) the internal law of that country or place is to be applied for a\nwill;\nthe system to be applied in that case shall be ascertained as follows:\n(c) if there is in force throughout the country or place a rule\nindicating which of those systems should apply—that rule shall\nbe followed;\n(d) if there is no such rule—the system shall be that with which the\ntestator was most closely connected at the relevant time.\n\nPart 2A Formal validity of wills\nSection 15C\npage 16 Wills Act 1968\nEffective: 23/02/26\nR22\n23/02/26\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(2) For subsection (1) (d), the relevant time is—\n(a) if the matter is to be determined by reference to circumstances\nprevailing at the time of the testator’s death—the time of that\ndeath; or\n(b) in any other case—the time of the making of the will.\n","sortOrder":18},{"sectionNumber":"15C","sectionType":"section","heading":"General rule as to formal validity","content":"15C General rule as to formal validity\nA will shall be taken to have been properly made if it has been made\nin accordance with the internal law in force—\n(a) in the place where the will was made; or\n(b) in the place where the testator was domiciled at the time—\n(i) when he or she made the will; or\n(ii) of his or her death; or\n(c) in the place where the testator habitually resided at a time\nreferred to in paragraph (b); or\n(d) in the country of which the testator was a national or citizen at a\ntime referred to in paragraph (b).\n","sortOrder":19},{"sectionNumber":"15D","sectionType":"section","heading":"Additional rules as to formal validity","content":"15D Additional rules as to formal validity\n(1) Without limiting section 15C, the following wills shall be taken to\nhave been properly made:\n(a) a will made on board any vessel or aircraft where the making of\nthe will was in accordance with the internal law in force in the\ncountry or place with which, having regard to its registration\n(if any) and other relevant circumstances, the vessel or aircraft\nmay be taken to have been most closely connected;\n(b) a will, so far as it disposes of immovable property, where the\nwill was made in accordance with the internal law in force in the\ncountry or place where the property is situated;\n\nFormal validity of wills Part 2A\nSection 15E\nR22\n23/02/26\nWills Act 1968\nEffective: 23/02/26\npage 17\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(c) a will, so far as it revokes—\n(i) a will; or\n(ii) a provision of a will;\nthat under this Act would be taken to have been properly made,\nif the later will was made in accordance with any law by\nreference to which the revoked will or the will containing the\nrevoked provision, as the case may be, would be so taken to have\nbeen properly made.\n(2) A will, so far as it exercises a power of appointment, shall not be\ntaken to have been improperly made by reason only that it was not\nmade in accordance with any formal requirements contained in the\ninstrument creating the power.\n","sortOrder":20},{"sectionNumber":"15E","sectionType":"section","heading":"Relevance of formal requirements for making","content":"15E Relevance of formal requirements for making\n(1) In determining for this part whether or not a will was made in\naccordance with a particular law, regard shall be had to the formal\nrequirements of that law at the time when the will was made.\n(2) Subsection (1) does not prevent account being taken of an alteration\nof law affecting wills that were made in the relevant country or place\nat the time when the relevant will was made if the alteration enables\nthat will to be taken to have been properly made.\n","sortOrder":21},{"sectionNumber":"15F","sectionType":"section","heading":"Certain requirements to be treated as formal","content":"15F Certain requirements to be treated as formal\nIf a law in force outside the ACT is to be applied in relation to a will,\nany requirement under that law that certain formalities are to be\nobserved only by testators included in a particular class of testators,\nor that certain qualifications are to be possessed by witnesses to the\nmaking of a will, shall, for this part, be taken to be a formal\nrequirement only.\n\n","sortOrder":22},{"sectionNumber":"Part 2A","sectionType":"part","heading":"Formal validity of wills","content":"Part 2A Formal validity of wills\nSection 15G\npage 18 Wills Act 1968\nEffective: 23/02/26\nR22\n23/02/26\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n","sortOrder":23},{"sectionNumber":"15G","sectionType":"section","heading":"Construction of will not affected by later change of","content":"15G Construction of will not affected by later change of\ndomicile\nThe construction of a will shall not be affected by reason of any\nchange in the testator’s domicile after the making of the will.\n","sortOrder":24},{"sectionNumber":"15H","sectionType":"section","heading":"Application of pt 2A","content":"15H Application of pt 2A\nThis part applies only in relation to a will of a testator who dies after\nthe date of commencement of this part, whether the will was made\nbefore or after that date.\n\nTestamentary dispositions by members of the Defence Force Part 3\nSection 16\nR22\n23/02/26\nWills Act 1968\nEffective: 23/02/26\npage 19\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nPart 3 Testamentary dispositions by\nmembers of the Defence Force\n","sortOrder":25},{"sectionNumber":"16","sectionType":"section","heading":"Wills of soldiers etc","content":"16 Wills of soldiers etc\n(1) A testamentary disposition of real or personal property made by a\nperson included in a class of persons specified in subsection (6), that\nis to say, a declaration, either oral or in writing, of such a person’s\nintention with respect to the disposal of property on or after his or her\ndeath, is as valid and effectual as it would have been if it had been\nmade in a will executed in accordance with the provisions of part 2.\n(2) An appointment made, either orally or in writing, by a person\nincluded in a class of persons specified in subsection (6) of another\nperson to be the guardian of his or her infant children after his or her\ndeath is as valid and effectual as it would have been if it had been\nmade in a will executed in accordance with the provisions of part 2.\n(3) In any proceedings, evidence of a matter specified in subsection (4)\nthat relates to a declaration referred to in subsection (1) or an\nappointment referred to in subsection (2) that has been made by a\nperson is admissible for the purpose of proving that the person\nintended the declaration or appointment to have effect upon or after\nthe person’s death.\n(4) The following matters are specified for subsection (3):\n(a) any statement made by the person, either orally or in writing, at\nor about the time when he or she made the declaration or\nappointment;\n(b) the circumstances in which the person made the declaration or\nappointment;\n(c) if the person made the declaration or appointment orally—the\nrelationship between the person and the other person to whom\nthe declaration or appointment was made;\n\n","sortOrder":26},{"sectionNumber":"Part 3","sectionType":"part","heading":"Testamentary dispositions by members of the Defence Force","content":"Part 3 Testamentary dispositions by members of the Defence Force\nSection 16\npage 20 Wills Act 1968\nEffective: 23/02/26\nR22\n23/02/26\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(d) if the person made the declaration or appointment in writing—\nthe relationship between the person and any other person—\n(i) to whom the person gave that writing; or\n(ii) in whose presence the person wrote or signed that writing;\nor\n(iii) who wrote that writing at the request or by the direction of\nthe person.\n(5) Subsection (3) is in addition to and not in substitution for any rules of\nlaw or procedure concerning evidence that is admissible in\nproceedings.\n(6) Each of the following classes of persons is specified for this section:\n(a) members of the Defence Force who are in actual armed service;\n(b) persons employed outside Australia as representatives of\norganisations rendering philanthropic, welfare or medical\nservice to members of the Defence Force;\n(c) prisoners of war or persons interned in a country under the\nsovereignty, or in the occupation, of the enemy or in a neutral\ncountry who became prisoners of war or were so interned as a\nresult of war or warlike operations and were, immediately before\ntheir capture or internment, persons included in a class of\npersons specified in paragraphs (a) or (b).\n(7) A person is not excluded from a class of persons specified in\nsubsection (6) by reason only of the fact that he or she has not attained\nthe age of 18 years.\n\nCourt authorised wills for people without testamentary capacity Part 3A\nSection 16A\nR22\n23/02/26\nWills Act 1968\nEffective: 23/02/26\npage 21\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nPart 3A Court authorised wills for people\nwithout testamentary capacity\n","sortOrder":27},{"sectionNumber":"16A","sectionType":"section","heading":"Court may authorise will to be made, altered or revoked","content":"16A Court may authorise will to be made, altered or revoked\nfor person without testamentary capacity\n(1) The Supreme Court may, on application, make an order authorising—\n(a) a will to be made or altered, in the terms approved by the court,\nfor a person who does not have testamentary capacity; or\n(b) a will, or part of a will, to be revoked for a person who does not\nhave testamentary capacity.\nNote A person may only make an application for an order if the person has\nobtained the leave of the Court—see s 16B.\n(2) An order under this section may authorise—\n(a) the making or alteration of a will that deals with the whole or\npart of the property of a person who does not have testamentary\ncapacity; or\n(b) the alteration of part of the will of the person.\n(3) The Supreme Court must not make an order under this section unless\nthe person for whom the order is sought is alive when the order is\nmade.\n(4) The Supreme Court may make an order under this section for a child\nwho does not have testamentary capacity.\n(5) In making an order under this section, the Supreme Court may give\nany necessary related orders or directions.\n(6) A will that is authorised to be made or altered by an order under this\nsection must be deposited with the registrar.\n(7) A failure to comply with subsection (6) does not affect the validity of\nthe will.\n\nPart 3A Court authorised wills for people without testamentary capacity\nSection 16B\npage 22 Wills Act 1968\nEffective: 23/02/26\nR22\n23/02/26\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n","sortOrder":28},{"sectionNumber":"16B","sectionType":"section","heading":"Information required in support of application for leave","content":"16B Information required in support of application for leave\n(1) A person may apply for an order under section 16A only with the\nSupreme Court’s leave.\n(2) On an application for leave a person must, unless the Supreme Court\notherwise directs, give the court the following information:\n(a) a written statement of the general nature of the application and\nthe reasons for making it;\n(b) satisfactory evidence that the person for whom the order is\nsought does not have testamentary capacity;\n(c) a reasonable estimate, formed from the evidence available to the\napplicant, of the size and character of the estate of the person for\nwhom the order is sought;\n(d) a draft of the proposed will, alteration or revocation for which\nthe applicant is seeking the court’s approval;\n(e) any evidence available to the applicant of the wishes of the\nperson for whom the order is sought;\n(f) any evidence available to the applicant of the likelihood of the\nperson for whom the order is sought acquiring or regaining\ntestamentary capacity;\n(g) any evidence available to the applicant of the terms of any will\npreviously made by the person for whom the order is sought;\n(h) any evidence available to the applicant, or that can be discovered\nwith reasonable diligence, of any people who might be entitled\nto claim on the intestacy of the person for whom the order is\nsought;\n(i) any evidence available to the applicant of the likelihood of an\napplication being made under the Family Provision Act 1969 in\nrelation to the property of the person for whom the order is\nsought;\n\nCourt authorised wills for people without testamentary capacity Part 3A\nSection 16C\nR22\n23/02/26\nWills Act 1968\nEffective: 23/02/26\npage 23\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(j) any evidence available to the applicant, or that can be discovered\nwith reasonable diligence, of the circumstances of any person\nfor whom provision might reasonably be expected to be made\nby will by the person for whom the order is sought;\n(k) any evidence available to the applicant of a gift for a charitable\nor other purpose that the person for whom the order is sought\nmight reasonably be expected to make by will;\n(l) any other facts of which the applicant is aware that are relevant\nto the application.\n","sortOrder":29},{"sectionNumber":"16C","sectionType":"section","heading":"Hearing of application for leave","content":"16C Hearing of application for leave\n(1) On hearing an application for leave the Supreme Court may—\n(a) give leave and allow the application for leave to proceed as an\napplication for an order under section 16A (Court may authorise\nwill to be made, altered or revoked for person without\ntestamentary capacity); and\n(b) if satisfied of the matters set out in section 16E (Court must be\nsatisfied about certain matters), make the order.\n(2) Without limiting the action the Supreme Court may take in hearing\nan application for leave, the court may revise the terms of any draft\nof the proposed will, alteration or revocation for which the court’s\napproval is sought.\n","sortOrder":30},{"sectionNumber":"16D","sectionType":"section","heading":"Hearing of application for order","content":"16D Hearing of application for order\nIn considering an application for an order under section 16A\n(Court may authorise will to be made, altered or revoked for person\nwithout testamentary capacity), the Supreme Court—\n(a) may have regard to any information given to the court under\nsection 16B (Information required in support of application for\nleave); and\n\nPart 3A Court authorised wills for people without testamentary capacity\nSection 16E\npage 24 Wills Act 1968\nEffective: 23/02/26\nR22\n23/02/26\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(b) may inform itself of any other matter in any manner it sees fit;\nand\n(c) is not bound by the rules of evidence.\n","sortOrder":31},{"sectionNumber":"16E","sectionType":"section","heading":"Court must be satisfied about certain matters","content":"16E Court must be satisfied about certain matters\nThe Supreme Court must refuse leave to make an application for an\norder under section 16A (Court may authorise will to be made, altered\nor revoked for person without testamentary capacity) unless the court\nis satisfied that—\n(a) there is reason to believe that the person for whom the order is\nsought is, or is reasonably likely to be, incapable of making a\nwill; and\n(b) the proposed will, alteration or revocation is, or is reasonably\nlikely to be, one that would have been made by the person if he\nor she had testamentary capacity; and\n(c) it is or may be appropriate for the order to be made; and\n(d) the applicant for leave is an appropriate person to make the\napplication; and\n(e) adequate steps have been taken to allow representation of all\npeople with a legitimate interest in the application, including any\nperson who has reason to expect a gift or benefit from the estate\nof the person for whom the order is sought.\n","sortOrder":32},{"sectionNumber":"16F","sectionType":"section","heading":"Execution of will made under order","content":"16F Execution of will made under order\n(1) A will that is made or altered by an order under section 16A\n(Court may authorise will to be made, altered or revoked for person\nwithout testamentary capacity) is properly executed if—\n(a) it is in writing; and\n(b) it is signed by the registrar and sealed with the seal of the\nSupreme Court.\n\nCourt authorised wills for people without testamentary capacity Part 3A\nSection 16G\nR22\n23/02/26\nWills Act 1968\nEffective: 23/02/26\npage 25\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(2) A will may only be signed by the registrar if the person in relation to\nwhom the order is made is alive.\n","sortOrder":33},{"sectionNumber":"16G","sectionType":"section","heading":"Retention of will","content":"16G Retention of will\n(1) A will deposited with the registrar in accordance with this part must\nnot be delivered to the person for whom it was made unless—\n(a) the Supreme Court has made an order under section 16A\n(Court may authorise will to be made, altered or revoked for\nperson without testamentary capacity) authorising the\nrevocation of the whole of the will; or\n(b) the person has acquired or regained testamentary capacity.\n(2) If the registrar is given a copy of an order made under section 16A\nauthorising the revocation of the whole of a will, the registrar must—\n(a) keep records of the particulars of the order; and\n(b) with the permission of a judge, destroy the will.\n","sortOrder":34},{"sectionNumber":"16H","sectionType":"section","heading":"Separate representation of person without testamentary","content":"16H Separate representation of person without testamentary\ncapacity\nIf it appears to the Supreme Court that the person who does not have\ntestamentary capacity should be separately represented in\nproceedings under this part, the court may—\n(a) order that the person be separately represented; and\n(b) make any orders it considers necessary to secure that\nrepresentation.\n\n","sortOrder":35},{"sectionNumber":"Part 3A","sectionType":"part","heading":"Court authorised wills for people without testamentary capacity","content":"Part 3A Court authorised wills for people without testamentary capacity\nSection 16I\npage 26 Wills Act 1968\nEffective: 23/02/26\nR22\n23/02/26\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n","sortOrder":36},{"sectionNumber":"16I","sectionType":"section","heading":"Recognition of statutory wills","content":"16I Recognition of statutory wills\n(1) A statutory will made in accordance with the law of the place where\nthe deceased person was resident at the time of the execution of the\nwill is to be regarded as a valid will of the deceased person.\n(2) In this section:\nstatutory will means a will executed in accordance with a law of the\nTerritory, or another place for a person who, at the time of execution,\ndid not have testamentary capacity.\n\nInternational wills Part 3B\nSection 16J\nR22\n23/02/26\nWills Act 1968\nEffective: 23/02/26\npage 27\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nPart 3B International wills\n","sortOrder":37},{"sectionNumber":"16J","sectionType":"section","heading":"Definitions—pt 3B","content":"16J Definitions—pt 3B\nIn this part:\nconvention means the Convention providing a Uniform Law on the\nForm of an International Will 1973 signed in Washington DC in the\nUnited States of America on 26 October 1973.\nNote The Convention providing a Uniform Law on the Form of an\nInternational Will 1973 is accessible at www.unidroit.org.\ninternational will means a will made in accordance with the\nrequirements of the annex to the convention.\n","sortOrder":38},{"sectionNumber":"16K","sectionType":"section","heading":"Application of convention","content":"16K Application of convention\nThe annex to the convention has the force of law in the ACT.\nNote The annex to the convention is set out in sch 1.\n","sortOrder":39},{"sectionNumber":"16L","sectionType":"section","heading":"Persons authorised to act in connection with","content":"16L Persons authorised to act in connection with\ninternational wills\n(1) For this part, the following people are authorised to act in connection\nwith an international will:\n(a) an Australian legal practitioner;\n(b) a public notary of any Australian jurisdiction.\n(2) For this part, a reference in the annex to the convention to a person\nauthorised to act in connection with international wills is a reference\nto:\n(a) a person mentioned in subsection (1) who is acting in Australia;\nor\n\n","sortOrder":40},{"sectionNumber":"Part 3B","sectionType":"part","heading":"International wills","content":"Part 3B International wills\nSection 16M\npage 28 Wills Act 1968\nEffective: 23/02/26\nR22\n23/02/26\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(b) any other person who is acting as an authorised person under the\nlaw of a state (other than Australia) that is a party to the\nconvention.\nNote This section gives effect to articles 2 and 3 of the convention.\n(3) In this section:\nAustralian legal practitioner—see the Legal Profession Act 2006,\nsection 8.\n","sortOrder":41},{"sectionNumber":"16M","sectionType":"section","heading":"Application of Act to international wills","content":"16M Application of Act to international wills\nTo remove any doubt, the provisions of this Act that apply to wills\nextend to international wills.\n\nMiscellaneous Part 4\nSection 17\nR22\n23/02/26\nWills Act 1968\nEffective: 23/02/26\npage 29\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nPart 4 Miscellaneous\n","sortOrder":42},{"sectionNumber":"17","sectionType":"section","heading":"Meaning of will","content":"17 Meaning of will\nIn this part:\nwill includes a testamentary disposition made by a person to whom\nsection 16 applies.\n","sortOrder":43},{"sectionNumber":"18","sectionType":"section","heading":"Creditor to be admitted as witness","content":"18 Creditor to be admitted as witness\nIf a testator, by will, charges real property or personal property with\npayment of a debt due to a creditor and the creditor, or the domestic\npartner of the creditor, attests the signing of the will or the\nacknowledgment of the signing of the will, the creditor or domestic\npartner, as the case may be, is not, by reason of that charge,\ndisqualified from being admitted as a witness to prove the execution,\nor the validity or invalidity, of the will.\n","sortOrder":44},{"sectionNumber":"19","sectionType":"section","heading":"Executor to be admitted as witness","content":"19 Executor to be admitted as witness\nA person who is an executor of a will is not, by reason of being such\nan executor, disqualified from being admitted as a witness to prove\nthe execution, or the validity or invalidity, of the will.\n","sortOrder":45},{"sectionNumber":"20","sectionType":"section","heading":"Revocation of will by testator’s marriage, civil union or","content":"20 Revocation of will by testator’s marriage, civil union or\ncivil partnership\n(1) Subject to subsections (2) and (3), if a person marries or enters into a\ncivil union or civil partnership after having made a will, the will is\nrevoked by the marriage, civil union or civil partnership unless the\nwill was expressed to have been made in contemplation of that\nmarriage, civil union or civil partnership.\n\nPart 4 Miscellaneous\nSection 20A\npage 30 Wills Act 1968\nEffective: 23/02/26\nR22\n23/02/26\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(2) If a testator marries or enters into a civil union or civil partnership\nafter having made a will by which he or she has exercised a power of\nappointing real property or personal property by will, the marriage,\ncivil union or civil partnership does not revoke the will so far as it\nconstitutes an exercise of that power if the property so appointed\nwould not, in default of the testator exercising that power, pass to an\nexecutor under any other will of the testator or to an administrator of\nany estate of the testator.\n(3) If a will contains a devise or bequest to, an appointment of property\nin favour of, or a conferral of a power of appointment on, a person,\nthat is expressed to be in contemplation of the testator marrying, or\nentering into a civil union or civil partnership with, that person—\n(a) the devise, bequest, appointment or conferral is not revoked by\nthe marriage, civil union or civil partnership; and\n(b) the remaining provisions of the will are not revoked by the\nmarriage, civil union or civil partnership unless a contrary\nintention appears from the will or from evidence admitted under\nsection 12B.\n","sortOrder":46},{"sectionNumber":"20A","sectionType":"section","heading":"Effect of termination of marriage, civil union or civil","content":"20A Effect of termination of marriage, civil union or civil\npartnership\n(1) Subject to subsection (2), if, after a testator has made a will, the\ntestator’s marriage, civil union or civil partnership is terminated—\n(a) any beneficial gift (including any devise, legacy, estate, interest\nor appointment of or affecting any real or personal estate, but\nnot including any charge or direction for the payment of any\ndebt) in favour of the former spouse, civil union partner or civil\npartner of the testator and any power of appointment given to\nthe former spouse, civil union partner or civil partner is revoked;\nand\n\nMiscellaneous Part 4\nSection 20A\nR22\n23/02/26\nWills Act 1968\nEffective: 23/02/26\npage 31\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(b) any appointment under the will of the former spouse, civil union\npartner or civil partner of the testator as executor, trustee or\nguardian shall be taken to be omitted from the will; and\n(c) any property that would, but for this subsection, have passed to\nthe former spouse, civil union partner or civil partner of the\ntestator under a beneficial gift referred to in paragraph (a) shall\npass as if the former spouse, civil union partner or civil partner\nhad predeceased the testator, but no class of beneficiaries under\nthe will shall close earlier than it would have closed if the\nbeneficial gift had not been revoked.\n(2) A beneficial gift or power of appointment is not revoked by\nsubsection (l) (a), and an appointment shall not be taken to be omitted\nfrom a will under subsection (l) (b), if—\n(a) the Supreme Court is satisfied by any evidence, including\nevidence (whether admissible before the commencement of this\nsection or not) of statements made by the testator, that the\ntestator did not, at the time of termination of the marriage, civil\nunion or civil partnership, intend to revoke the gift, power of\nappointment or appointment; or\n(b) the gift, power of appointment or appointment is contained in a\nwill that was republished after the termination of the marriage,\ncivil union or civil partnership by a will or codicil that evidences\nno intention of the testator to revoke the gift, power of\nappointment or appointment.\n(3) Nothing in this section affects—\n(a) any right of the former spouse, civil union partner or civil\npartner of a testator to make an application under the Family\nProvision Act 1969; or\n\nPart 4 Miscellaneous\nSection 20A\npage 32 Wills Act 1968\nEffective: 23/02/26\nR22\n23/02/26\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(b) any direction, charge, trust or provision in the will of a testator\nfor the payment of an amount in respect of a debt or liability of\nthe testator to the former spouse, civil union partner or civil\npartner of the testator or to the executor of the will, or\nadministrator of the estate, of the former spouse, civil union\npartner or civil partner.\n(4) For this section—\n(a) a marriage is taken to be terminated if—\n(i) the marriage ends by divorce under the Family Law Act;\nor\n(ii) a decree of nullity is made under the Family Law Act in\nrelation to the marriage; or\n(iii) the marriage is annulled in accordance with the law of a\nplace outside Australia if the annulment is recognised in\nAustralia under the Family Law Act; and\n(b) a civil union is taken to be terminated if the civil union ends\nunder the Civil Unions Act 2012, division 2.4 (otherwise than on\nthe death of a party to the civil union); and\n(c) a civil partnership is taken to be terminated if the civil\npartnership ends under the Domestic Relationships Act 1994,\ndivision 4A.4 (otherwise than on the death of a party to the civil\npartnership).\n(5) In this section:\nFamily Law Act means the Family Law Act 1975 (Cwlth).\n\nMiscellaneous Part 4\nSection 21\nR22\n23/02/26\nWills Act 1968\nEffective: 23/02/26\npage 33\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nformer spouse, civil union partner or civil partner, in relation to a\ntestator, means the person who, immediately before the termination\nof the testator’s marriage, civil union or civil partnership, was the\ntestator’s spouse, civil union partner or civil partner, or, for a\npurported marriage, civil union or civil partnership of the testator that\nis void, was the other party to the purported marriage, civil union or\ncivil partnership.\n","sortOrder":47},{"sectionNumber":"21","sectionType":"section","heading":"Revocation of will","content":"21 Revocation of will\nSubject to sections 8B, 16A, 20 and 20A, a will or part of a will is not\nrevoked except—\n(a) if the testator is a person to whom section 16 applies—by the\ntestator expressing his or her intention to revoke the will or part\nof the will in a manner in which he or she is entitled to dispose\nof his or her property under that section; and\n(b) whether or not the testator is a person to whom section 16\napplies—\n(i) by a subsequent valid will of the testator; or\n(ii) by the testator executing a document in like manner as a\nwill is required by part 2 to be executed that shows his or\nher intention to revoke the will or part; or\n(iii) by the burning, tearing or otherwise destroying of the will\nor part by the testator, or by a person acting in the presence\nof and by the direction of the testator, with the intention of\nrevoking the will or part.\n","sortOrder":48},{"sectionNumber":"22","sectionType":"section","heading":"Revival of revoked will","content":"22 Revival of revoked will\n(1) A will, or a part of a will, that has been revoked is not revived\nunless—\n(a) the testator re-executes it in the manner in which a valid will is\nrequired by part 2 to be executed; or\n\nPart 4 Miscellaneous\nSection 23\npage 34 Wills Act 1968\nEffective: 23/02/26\nR22\n23/02/26\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(b) the testator executes, in the manner in which a valid will is\nrequired by part 2 to be executed, a valid codicil that shows the\nintention of the testator to revive the will.\n(2) If a testator who has revoked the remainder of a will after having\npreviously revoked part of the will revives the will, the revival\noperates, unless the contrary intention appears, to revive only so\nmuch of the will as was last revoked.\n(3) A will that is revoked and subsequently revived shall, for this Act, be\ndeemed to have been made at the time when it is revived.\n","sortOrder":49},{"sectionNumber":"23","sectionType":"section","heading":"Will disposes of balance of property of testator at his or","content":"23 Will disposes of balance of property of testator at his or\nher death\nIf, after a testator has made a will containing a disposition of real\nproperty or personal property, the testator conveys the property or\ndoes any other act relating to the property (other than an act that\nrevokes the will), the operation of the will with respect to any estate\nor interest in the property that the testator has power to dispose of by\nwill at the time of his or her death is not affected by the conveyance\nor other act.\n","sortOrder":50},{"sectionNumber":"24","sectionType":"section","heading":"Will speaks from death of the testator","content":"24 Will speaks from death of the testator\nA will shall, unless a contrary intention appears in it, be construed as\nspeaking and taking effect so far as the real property and personal\nproperty referred to in it are concerned as if it had been executed\nimmediately before the death of the testator.\n","sortOrder":51},{"sectionNumber":"25","sectionType":"section","heading":"What a residuary devise includes","content":"25 What a residuary devise includes\nIf a devise of real property in a will fails by reason of the death of the\ndevisee in the lifetime of the testator or by reason of the devise being\ncontrary to law or otherwise incapable of taking effect, the real\nproperty shall, unless a contrary intention appears in the will, be taken\nto be included in the residuary devise (if any) contained in the will.\n\nMiscellaneous Part 4\nSection 26\nR22\n23/02/26\nWills Act 1968\nEffective: 23/02/26\npage 35\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n","sortOrder":52},{"sectionNumber":"26","sectionType":"section","heading":"What a general devise or bequest includes","content":"26 What a general devise or bequest includes\n(1) Unless a contrary intention appears in the will—\n(a) a devise in the will—\n(i) of all the land of the testator; or\n(ii) of the land of the testator at a particular place or in the\noccupation of a particular person; or\n(iii) of the land of the testator described in the will in some other\ngeneral manner; or\n(b) any other general devise in the will that would be apt to describe\nleasehold property of the testator if the testator does not have\nany real property that the devise is apt to describe;\nshall be construed as if the leasehold estates of the testator, or the\nleasehold estates of the testator that the devise is apt to describe, as\nthe case may be, as well as freehold estates, were land of the testator.\n(2) Unless the contrary intention appears in the will, if a testator has\npower to appoint, by will, any real property in such manner as he or\nshe thinks fit, a general devise of the real property of the testator or\nof the real property of the testator at a particular place, in the\noccupation of a particular person or otherwise described in a general\nmanner, in the will of the testator—\n(a) shall be construed as including the real property over which the\ntestator had that power of appointment, or so much of that real\nproperty as the description is apt to describe, as the case may be;\nand\n(b) operates as the appointment of that real property or so much of\nthat real property as the description is apt to describe, as the case\nmay be, under that power.\n\nPart 4 Miscellaneous\nSection 27\npage 36 Wills Act 1968\nEffective: 23/02/26\nR22\n23/02/26\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(3) Unless the contrary intention appears in the will, if a testator has\npower to appoint, by will, any personal property in a manner that he\nor she thinks fit, a bequest of the personal property of the testator, or\nof any class of personal property of the testator described in a general\nmanner, in the will of the testator—\n(a) shall be construed as including the personal property over which\nthe testator had that power of appointment, or so much of that\npersonal property as is included in that class, as the case may be;\nand\n(b) operates as the appointment of that personal property or so much\nof that personal property as is included in the class of personal\nproperty so described, as the case may be, under that power.\n","sortOrder":53},{"sectionNumber":"27","sectionType":"section","heading":"How a devise without words of limitation is construed","content":"27 How a devise without words of limitation is construed\nIf real property is devised to a person without words of limitation, the\ndevise shall, unless a contrary intention appears in the will, be\nconstrued as passing the fee simple or other the whole estate or\ninterest in the real property that the testator has power to dispose of\nby will.\n\nMiscellaneous Part 4\nSection 28\nR22\n23/02/26\nWills Act 1968\nEffective: 23/02/26\npage 37\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n","sortOrder":54},{"sectionNumber":"28","sectionType":"section","heading":"How the words ‘die without issue’ or ‘die without leaving","content":"28 How the words ‘die without issue’ or ‘die without leaving\nissue’ or ‘have no issue’ is construed\n(1) In a devise or bequest of real property or personal property in a will,\nthe words ‘die without issue’, ‘die without leaving issue’ or ‘have no\nissue’, or any other words that may import either a want or failure of\na person’s issue in his or her lifetime or at the time of his or her death\nor an indefinite failure of a person’s issue shall be construed as\nreferring to a want or failure of issue in the lifetime or at the time of\ndeath of that person and not an indefinite failure of the issue of that\nperson, unless a contrary intention appears in the will by reason of\nthat person having a prior estate tail, or by reason of a previous gift\nbeing, without any implication arising from any such words, a\nlimitation of any estate tail to that person or issue, or for any other\nreason.\n(2) Subsection (1) does not apply if, in a will, words referred to in that\nsubsection refer to no issue described in a previous gift being born, or\nno issue living to attain the age or otherwise to answer the description,\nrequired for obtaining a vested estate by a previous gift to that issue.\n","sortOrder":55},{"sectionNumber":"28A","sectionType":"section","heading":"Devises to people who have altered their sex","content":"28A Devises to people who have altered their sex\nIf—\n(a) there is in a will a direct or indirect reference to the sex of a\nperson or class of persons; and\n(b) during the period between the making of the will and the death\nof the testator that person, or a person who, but for this section,\nwould have been within that class altered their sex;\nthen, unless the contrary intention appears from the will or from\nevidence admitted under section 12B, the will has effect as if the\nrelevant person had not altered their sex.\n\nPart 4 Miscellaneous\nSection 29\npage 38 Wills Act 1968\nEffective: 23/02/26\nR22\n23/02/26\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n","sortOrder":56},{"sectionNumber":"29","sectionType":"section","heading":"Devises to trustees or executors","content":"29 Devises to trustees or executors\nIf real property is devised to a trustee or executor, the devise shall be\nconstrued as passing the fee simple or other the whole estate or\ninterest that the testator had power to dispose of by will in the real\nproperty, unless a definite term of years (whether or not provision is\nmade for determining the estate before the expiration of that term) or\nan estate of freehold is given to him or her expressly or by\nimplication.\n","sortOrder":57},{"sectionNumber":"30","sectionType":"section","heading":"Trustees under an unlimited devise etc to take the fee","content":"30 Trustees under an unlimited devise etc to take the fee\nIf real property is devised to a trustee without an express limitation of\nthe estate to be taken by the trustee and the beneficial interest in the\nreal property, or in the surplus rents and profits of the real property—\n(a) is not given to any person for life; or\n(b) is given to some person for life but the purposes of the trust may\ncontinue beyond the life of that person;\nthe devise shall be construed as vesting the real property in the trustee\nin fee simple or as vesting the legal estate in the real property that the\ntestator had power to dispose of by will, as the case may be, and not\nas vesting an estate determinable when the purposes of the trust are\nsatisfied.\n","sortOrder":58},{"sectionNumber":"30A","sectionType":"section","heading":"Intermediate income on future and contingent bequests","content":"30A Intermediate income on future and contingent bequests\nand devises\nA contingent, future or deferred bequest or devise of property,\nwhether specific or residuary, carries the intermediate income of that\nproperty except so far as that income or any part of it is otherwise\ndisposed of by the will.\n\nMiscellaneous Part 4\nSection 31\nR22\n23/02/26\nWills Act 1968\nEffective: 23/02/26\npage 39\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n","sortOrder":59},{"sectionNumber":"31","sectionType":"section","heading":"Gifts to issue","content":"31 Gifts to issue\n(1) If—\n(a) a testator by will devises or bequeaths property to, or appoints\nproperty in favour of, a person (the original beneficiary)\n(whether individually or as a member of a class) who is a child\nor other issue of the testator for an estate or interest not\ndeterminable before or on the death of the original beneficiary;\nand\n(b) the original beneficiary dies in the lifetime of the testator and is\nsurvived by issue; and\n(c) any such issue survive the testator for a period of 30 days\n(the specified period);\nthen, unless a contrary intention appears from the will or from\nevidence admitted under section 12B, the will has force and effect as\nif the devise or bequest were to, or the appointment were in favour of,\nany issue of the original beneficiary who survive the testator for the\nspecified period, to be distributed—\n(d) if only 1 issue of the original beneficiary survives for that\nperiod—to that issue; or\n(e) if 2 or more issue of the original beneficiary survive for that\nperiod—in accordance with subsection (2).\n(2) If 2 or more issue of an original beneficiary survive the testator for\nthe specified period, the property the subject of the devise, bequest or\nappointment shall be divided into a number of equal shares equivalent\nto the total number of the nearest issue of the original beneficiary\nwho—\n(a) survive the testator for the specified period; or\n\nPart 4 Miscellaneous\nSection 31A\npage 40 Wills Act 1968\nEffective: 23/02/26\nR22\n23/02/26\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(b) die before the end of that period leaving issue (surviving issue)\nwho survive the testator for the specified period;\nand those equal shares shall be distributed as follows:\n(c) each of the nearest issue of the original beneficiary who survives\nthe testator for the specified period is entitled to 1 share;\n(d) any sole surviving issue of a nearest issue who fails to survive\nthe testator for the specified period is entitled to 1 share;\n(e) if there are 2 or more surviving issue of a nearest issue who fails\nto survive the testator for the specified period—those surviving\nissue are entitled, in equal shares, to 1 share.\n(3) Notwithstanding subsection (2), if a share is distributed in accordance\nwith subsection (2) (e), no surviving issue remoter than children of\nthe nearest issue of the original beneficiary shall form part of the class\nof surviving issue entitled to take, unless a parent, who would have\ntaken had he or she survived the testator for the specified period, dies\nbefore the end of that period, and then any remoter issue is or are\nentitled to take, if more than 1 in equal shares, the share that that\nparent would have taken.\n(4) A general requirement or condition in a will that an original\nbeneficiary survive the testator or attain a specified age shall not be\ntaken to be an expression of a contrary intention for this section.\n(5) This section does not apply if an original beneficiary has not fulfilled\na contingency required by the will as a condition of attaining the\nvested estate or interest, other than a contingency of surviving the\ntestator or attaining a stated age.\n","sortOrder":60},{"sectionNumber":"31A","sectionType":"section","heading":"Legitimacy of issue","content":"31A Legitimacy of issue\nA reference in a will to issue (however described) of a person shall,\nunless a contrary intention appears from the will, be construed as\nreferring to all such issue, whether legitimate or illegitimate.\n\nMiscellaneous Part 4\nSection 31B\nR22\n23/02/26\nWills Act 1968\nEffective: 23/02/26\npage 41\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n","sortOrder":61},{"sectionNumber":"31B","sectionType":"section","heading":"Distribution to issue","content":"31B Distribution to issue\n(1) If a testator by will devises or bequeaths property to, or appoints\nproperty in favour of, his or her issue then, unless a contrary intention\nappears from the will or from evidence admitted under section 12B,\nthe testator is presumed to have intended that, subject to\nsubsection (2), the devise, bequest or appointment is to be distributed\nin equal shares between only those issue of the testator who—\n(a) are his or her nearest issue; and\n(b) survive the testator for a period of 30 days (the specified period).\n(2) If a person who is one of the nearest issue of the testator dies before\nthe end of the specified period, leaving issue who survive the testator\nfor the specified period (surviving issue), the testator shall be\npresumed to have intended that any surviving issue of that deceased\nnearest issue take, if more than 1 in equal shares, the share in the\ntestator’s estate that that deceased nearest issue would have taken had\nhe or she survived the testator for the specified period.\n(3) Subsection (2) does not operate to entitle any surviving issue remoter\nthan the children of any deceased nearest issue to take unless the death\nof a parent who would have taken as surviving issue occurred before\nthe end of the specified period, and then the testator shall be presumed\nto have intended that the remoter issue take, if more than 1 in equal\nshares, the share that that parent would have taken.\n","sortOrder":62},{"sectionNumber":"31C","sectionType":"section","heading":"Beneficiary not surviving deceased person","content":"31C Beneficiary not surviving deceased person\n(1) This section applies if—\n(a) either—\n(i) a deceased person, by will, devises or bequeaths property\nto, appoints property in favour of, or gives the power to\nappoint property to, a person; or\n(ii) a person is entitled to take an interest in the estate of a\ndeceased person on intestacy; and\n\n","sortOrder":63},{"sectionNumber":"Part 4","sectionType":"part","heading":"Miscellaneous","content":"Part 4 Miscellaneous\nSection 32\npage 42 Wills Act 1968\nEffective: 23/02/26\nR22\n23/02/26\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(b) the person does not survive the deceased person by 30 days.\n(2) The person is taken to have predeceased the deceased person and the\ndevise, bequest, appointment, power or entitlement lapses, unless the\ncontrary intention appears from the will, or from evidence admitted\nunder section 12B.\n(3) However, subsection (2) does not apply if the effect of the subsection\nis that the deceased person’s estate would pass to the Territory under\nthe Administration and Probate Act 1929, section 49CA\n(How distribution to the Territory is made).\n(4) A general requirement or condition in a will that a beneficiary survive\nthe testator must not be taken to be an expression of a contrary\nintention for this section.\n(5) For subsection (1) (a) (ii), person includes a person conceived before,\nbut born after, the deceased person’s death.\n","sortOrder":64},{"sectionNumber":"32","sectionType":"section","heading":"Wills deposited with registrar","content":"32 Wills deposited with registrar\n(1) This section applies to a will deposited in the office of the registrar.\n(2) The registrar may do any of the following:\n(a) deposit the will with the public trustee and guardian;\n(b) give the public trustee and guardian identifying information\nabout the will;\n(c) if satisfied that the whole of the estate has been distributed, and\nwith the permission of a judge—destroy the will.\n(3) The registrar must keep records of the following:\n(a) any will deposited with the public trustee and guardian,\nincluding the date it was deposited;\n(b) any will given to a person, including the date and person to\nwhom it was given;\n(c) any will destroyed, including the date of destruction.\n\nMiscellaneous Part 4\nSection 33\nR22\n23/02/26\nWills Act 1968\nEffective: 23/02/26\npage 43\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(4) In this section:\nidentifying information, about a will, means information about the\ntestator or will that the public trustee and guardian uses to maintain\nits register of legal records.\nregister of legal records, of the public trustee and guardian, means a\nregister kept under the Public Trustee and Guardian Act 1985,\nsection 23A.\n","sortOrder":65},{"sectionNumber":"33","sectionType":"section","heading":"Wills in possession of legal aid commission","content":"33 Wills in possession of legal aid commission\n(1) This section applies to a will in the possession of the legal aid\ncommission that was made with legal assistance provided by the legal\naid commission.\n(2) The legal aid commission may—\n(a) deposit the will with the public trustee and guardian; and\n(b) give the public trustee and guardian identifying information\nabout the will.\n(3) The legal aid commission must keep records of any will deposited\nwith the public trustee and guardian, including the date it was\ndeposited.\n(4) In this section:\nidentifying information, about a will—see section 32 (4).\n\nPart 5 Transitional\nSection 35\npage 44 Wills Act 1968\nEffective: 23/02/26\nR22\n23/02/26\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n","sortOrder":66},{"sectionNumber":"Part 5","sectionType":"part","heading":"Transitional","content":"Part 5 Transitional\n","sortOrder":67},{"sectionNumber":"35","sectionType":"section","heading":"Application of amendments and provisions","content":"35 Application of amendments and provisions\n(1) The provisions set out in the table, column 2 as amended or inserted\nby the Wills (Amendment) Act 1989 (the 1989 amendment) apply\nonly in relation to wills made or republished after 24 March 1989.\n(2) The provisions set out in the table, column 3 as amended or inserted\nby the Wills (Amendment) Act 1991 (the 1991 amendment) apply\nonly in relation to wills taking effect after 7 November 1991.\nTable Table of provisions amended or inserted\ncolumn 1\nitem\ncolumn 2\nprovision amended\nor inserted by the\n1989 amendment\ncolumn 3\nprovision amended or inserted by the\n1991 amendment\n1 section 9\n2 section 11\n3 section 11A\n4 section 12\n5 section 12A\n6 section 12B\n7 section 14A\n8 section 15\n9 section 20\n10 section 20A\n11 section 30A\n12 section 31\n13 section 31A\n14 section 31B\n15 section 31C\n\nAnnex to Convention providing a Uniform Law on the Form of an\nInternational Will 1973\nSchedule 1\nR22\n23/02/26\nWills Act 1968\nEffective: 23/02/26\npage 45\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nSchedule 1 Annex to Convention providing\na Uniform Law on the Form of\nan International Will 1973\n(see s 16K)\nArticle 1\n1. A will shall be valid as regards form, irrespective particularly of the\nplace where it is made, of the location of the assets and of the\nnationality, domicile or residence of the testator, if it is made in the form\nof an international will complying with the provisions set out in\nArticles 2 to 5 hereinafter.\n2. The invalidity of the will as an international will shall not affect its\nformal validity as a will of another kind.\nArticle 2\nThis law shall not apply to the form of testamentary dispositions made\nby two or more persons in one instrument.\nArticle 3\n1. The will shall be made in writing.\n2. It need not be written by the testator himself.\n3. It may be written in any language, by hand or by any other means.\nArticle 4\n1. The testator shall declare in the presence of two witnesses and of a\nperson authorized to act in connection with international wills that the\ndocument is his will and that he knows the contents thereof.\n2. The testator need not inform the witnesses, or the authorized person, of\nthe contents of the will.\n\nSchedule 1 Annex to Convention providing a Uniform Law on the Form of an\nInternational Will 1973\npage 46 Wills Act 1968\nEffective: 23/02/26\nR22\n23/02/26\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nArticle 5\n1. In the presence of the witnesses and of the authorized person, the\ntestator shall sign the will or, if he has previously signed it, shall\nacknowledge his signature.\n2. When the testator is unable to sign, he shall indicate the reason therefor\nto the authorized person who shall make note of this on the will.\nMoreover, the testator may be authorized by the law under which the\nauthorized person was designated to direct another person to sign on his\nbehalf.\n3. The witnesses and the authorized person shall there and then attest the\nwill by signing in the presence of the testator.\nArticle 6\n1. The signatures shall be placed at the end of the will.\n2. If the will consists of several sheets, each sheet shall be signed by the\ntestator or, if he is unable to sign, by the person signing on his behalf or,\nif there is no such person, by the authorized person. In addition, each\nsheet shall be numbered.\nArticle 7\n1. The date of the will shall be the date of its signature by the authorized\nperson.\n2. This date shall be noted at the end of the will by the authorized person.\nArticle 8\nIn the absence of any mandatory rule pertaining to the safekeeping of\nthe will, the authorized person shall ask the testator whether he wishes\nto make a declaration concerning the safekeeping of his will. If so and at\nthe express request of the testator the place where he intends to have his\nwill kept shall be mentioned in the certificate provided for in Article 9.\n\nAnnex to Convention providing a Uniform Law on the Form of an\nInternational Will 1973\nSchedule 1\nR22\n23/02/26\nWills Act 1968\nEffective: 23/02/26\npage 47\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nArticle 9\nThe authorized person shall attach to the will a certificate in the form\nprescribed in Article 10 establishing that the obligations of this law have\nbeen complied with.\nArticle 10\nThe certificate drawn up by the authorized person shall be in the\nfollowing form or in a substantially similar form:\nCERTIFICATE\n(Convention of October 26, 1973)\n1. I, .................................................. (name, address and capacity), a person\nauthorized to act in connection with international wills\n2. Certify that on ............................. (date) at ............................. (place)\n3. (testator).................................................. (name, address, date and place\nof birth) in my presence and that of the witnesses\n4. (a)............................................... (name, address, date and place of birth)\n(b)............................................... (name, address, date and place of birth)\nhas declared that the attached document is his will and that he knows the\ncontents thereof.\n5. I furthermore certify that:\n6. (a) in my presence and in that of the witnesses\n(1) the testator has signed the will or has acknowledged his signature\npreviously affixed.\n*(2) following a declaration of the testator stating that he was unable to\nsign his will for the following reason.....................................................\n—I have mentioned this declaration on the will\n*—the signature has been affixed by............................. (name, address)\n\n","sortOrder":68},{"sectionNumber":"Sch 1","sectionType":"schedule","heading":"Annex to Convention providing a Uniform Law on the Form of an","content":"Schedule 1 Annex to Convention providing a Uniform Law on the Form of an\nInternational Will 1973\npage 48 Wills Act 1968\nEffective: 23/02/26\nR22\n23/02/26\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n7. (b) the witnesses and I have signed the will;\n8. *(c) each page of the will has been signed by ............................. and\nnumbered;\n9. (d) I have satisfied myself as to the identity of the testator and of the\nwitnesses as designated above;\n10. (e) the witnesses met the conditions requisite to act as such according to\nthe law under which I am acting;\n11. *(f) the testator has requested me to include the following statement\nconcerning the safekeeping of his will:..................................................\n12. PLACE\n13. DATE\n14. SIGNATURE and, if necessary, SEAL\nArticle 11\nThe authorized person shall keep a copy of the certificate and deliver\nanother to the testator.\nArticle 12\nIn the absence of evidence to the contrary, the certificate of the\nauthorized person shall be conclusive of the formal validity of the\ninstrument as a will under this Law.\nArticle 13\nThe absence or irregularity of a certificate shall not affect the formal\nvalidity of a will under this Law.\nArticle 14\nThe international will shall be subject to the ordinary rules of revocation\nof wills.\n\nAnnex to Convention providing a Uniform Law on the Form of an\nInternational Will 1973\nSchedule 1\nR22\n23/02/26\nWills Act 1968\nEffective: 23/02/26\npage 49\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nArticle 15\nIn interpreting and applying the provisions of this law, regard shall be\nhad to its international origin and to the need for uniformity in its\ninterpretation.\n______________________________\n*To be completed if appropriate\n\nDictionary\npage 50 Wills Act 1968\nEffective: 23/02/26\nR22\n23/02/26\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nDictionary\n(see s 2)\nNote 1 The Legislation Act contains definitions and other provisions relevant to\nthis Act.\nNote 2 For example, the Legislation Act, dict, pt 1, defines the following terms:\n• ACT\n• civil partner\n• civil partnership\n• civil union\n• civil union partner\n• domestic partner (see s 169 (1))\n• estate\n• interest\n• judge\n• land\n• person\n• public notice\n• public trustee and guardian.\npersonal property includes leasehold property, and a share or interest\nin personal property.\nreal property includes an estate, right or interest in real property.\nregistrar means the registrar of the Supreme Court.\nwill includes—\n(a) for this Act generally—a codicil; and\n(b) for part 4 (Miscellaneous)—see section 17.\n\nEndnotes\nAbout the endnotes 1\nR22\n23/02/26\nWills Act 1968\nEffective: 23/02/26\npage 51\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nEndnotes\n","sortOrder":69},{"sectionNumber":"1","sectionType":"section","heading":"About the endnotes","content":"1 About the endnotes\nAmending and modifying laws are annotated in the legislation history and the\namendment history. Current modifications are not included in the republished law\nbut are set out in the endnotes.\nNot all editorial amendments made under the Legislation Act 2001, part 11.3 are\nannotated in the amendment history. Full details of any amendments can be\nobtained from the Parliamentary Counsel’s Office.\nUncommenced amending laws are not included in the republished law. The details\nof these laws are underlined in the legislation history. Uncommenced expiries are\nunderlined in the legislation history and amendment history.\nIf all the provisions of the law have been renumbered, a table of renumbered\nprovisions gives details of previous and current numbering.\nThe endnotes also include a table of earlier republications.\n","sortOrder":70},{"sectionNumber":"2","sectionType":"section","heading":"Abbreviation key","content":"2 Abbreviation key\nA = Act NI = Notifiable instrument\nAF = Approved form o = order\nam = amended om = omitted/repealed\namdt = amendment ord = ordinance\nAR = Assembly resolution orig = original\nch = chapter par = paragraph/subparagraph\nCN = Commencement notice pres = present\ndef = definition prev = previous\nDI = Disallowable instrument (prev...) = previously\ndict = dictionary pt = part\ndisallowed = disallowed by the Legislative r = rule/subrule\nAssembly reloc = relocated\ndiv = division renum = renumbered\nexp = expires/expired R[X] = Republication No\nGaz = gazette RI = reissue\nhdg = heading s = section/subsection\nIA = Interpretation Act 1967 sch = schedule\nins = inserted/added sdiv = subdivision\nLA = Legislation Act 2001 SL = Subordinate law\nLR = legislation register sub = substituted\nLRA = Legislation (Republication) Act 1996 underlining = whole or part not commenced\nmod = modified/modification or to be expired\n\nEndnotes\n3 Legislation history\npage 52 Wills Act 1968\nEffective: 23/02/26\nR22\n23/02/26\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n3 Legislation history\nThe Wills Act 1968 was originally the Wills Ordinance 1968. It became an\nACT Act on self-government (11 May 1989).\nBefore 11 May 1989, ordinances commenced on their notification day unless\notherwise stated (see Seat of Government (Administration) Act 1910 (Cwlth), s 12).\nAfter 11 May 1989 and before 10 November 1999, Acts commenced on their\nnotification day unless otherwise stated (see Australian Capital Territory\n(Self-Government) Act 1988 (Cwlth) s 25).\nLegislation before self-government\nWills Act 1968 A1968-11\nnotified 13 June 1968\ncommenced 13 June 1968\nas amended by\nOrdinances Revision Ordinance 1977 Ord1977-65\nnotified 22 December 1977\ncommenced 22 December 1977\nOrdinances Revision Ordinance 1978 Ord1978-46\nnotified 28 December 1978\ncommenced 28 December 1978\nWills (Amendment) Ordinance 1983 Ord1983-46\nnotified 6 October 1983\ncommenced 6 October 1983\nWills (Amendment) Ordinance 1989 Ord1989-16\nnotified 22 March 1989\ncommenced 24 March 1989 (s 2 and Cwlth Gaz 1989 No S101)\nLegislation after self-government\nWills (Amendment) Act 1991 A1991-67\nnotified 7 Nov 1991 (Gaz 1991 No S120)\ncommenced 7 Nov 1991\n\nEndnotes\nLegislation history 3\nR22\n23/02/26\nWills Act 1968\nEffective: 23/02/26\npage 53\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nStatutory Offices (Miscellaneous Provisions) Act 1994 A1994-97\nsch pt 1\nnotified 15 Dec 1994 (Gaz 1994 No S280)\ns 1, s 2 commenced 15 December 1994 (s 2 (1))\nsch pt 1 commenced 15 December 1994 (s 2 (2) and Gaz 1994\nNo S293)\nWills (Amendment) Act 1997 A1997-114\nnotified 24 December 1997 (Gaz 1997 No S420)\nss 1-3 commenced 24 December 1997 (s 2 (1))\nremainder commenced 24 June 1998 (s 2 (3))\nLaw Reform (Miscellaneous Provisions) Act 1999 A1999-66 sch 3\nnotified 10 November 1999 (Gaz 1999 No 45)\nsch 3 commenced 10 November 1999 (s 2)\nStatute Law Amendment Act 2000 A2000-80 amdt 3.39\nnotified 21 December 2000 (Gaz 2000 No 69)\ncommenced 21 December 2000 (s 2)\nLegislation (Consequential Amendments) Act 2001 A2001-44 pt 416\nnotified 26 July 2001 (Gaz 2001 No 30)\ns 1, s 2 commenced 26 July 2001 (IA s 10B)\npt 416 commenced 12 September 2001 (s 2 and Gaz 2001 No S65)\nCivil Unions Act 2006 A2006-22 sch 1 pt 1.29\nnotified LR 19 May 2006\ns 1, s 2 commenced 19 May 2006 (LA s 75 (1))\nsch 1 pt 1.29 never commenced\nNote Act repealed by disallowance 14 June 2006 (see Cwlth\nGaz 2006 No S93)\nJustice and Community Safety Legislation Amendment Act 2006\nA2006-40 sch 2 pt 2.32\nnotified LR 28 September 2006\ns 1, s 2 commenced 28 September 2006 (LA s 75 (1))\nsch 2 pt 2.32 commenced 29 September 2006 (s 2 (1))\nStatute Law Amendment Act 2007 A2007-3 sch 3 pt 3.111\nnotified LR 22 March 2007\ns 1, s 2 taken to have commenced 1 July 2006 (LA s 75 (2))\nsch 3 pt 3.111 commenced 12 April 2007 (s 2 (1))\n\nEndnotes\n3 Legislation history\npage 54 Wills Act 1968\nEffective: 23/02/26\nR22\n23/02/26\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nStatute Law Amendment Act 2007 (No 2) A2007-16 sch 3 pt 3.34\nnotified LR 20 June 2007\ns 1, s 2 taken to have commenced 12 April 2007 (LA s 75 (2))\nsch 3 pt 3.34 commenced 11 July 2007 (s 2 (1))\nJustice and Community Safety Legislation Amendment Act 2008\nA2008-7 sch 1 pt 1.22\nnotified LR 16 April 2008\ns 1, s 2 commenced 16 April 2008 (LA s 75 (1))\nsch 1 pt 1.22 commenced 7 May 2008 (s 2)\nCivil Partnerships Act 2008 A2008-14 sch 1 pt 1.25\nnotified LR 15 May 2008\ns 1, s 2 commenced 15 May 2008 (LA s 75 (1))\nsch 1 pt 1.25 commenced 19 May 2008 (s 2 and CN2008-8)\nStatute Law Amendment Act 2009 A2009-20 sch 3 pt 3.80\nnotified LR 1 September 2009\ns 1, s 2 commenced 1 September 2009 (LA s 75 (1))\nsch 3 pt 3.80 commenced 22 September 2009 (s 2)\nJustice and Community Safety Legislation Amendment Act 2010\nA2010-13 sch 1 pt 1.9\nnotified LR 31 March 2010\ns 1, s 2 commenced 31 March 2010 (LA s 75 (1))\ns 3 commenced 1 April 2010 (LA s 75AA)\nsch 1 pt 9 commenced 28 April 2010 (s 2 (4))\nJustice and Community Safety Legislation Amendment Act 2012\nA2012-13 sch 1 pt 1.11\nnotified LR 11 April 2012\ns 1, s 2 commenced 11 April 2012 (LA s 75 (1))\nsch 1 pt 1.11 commenced 11 April 2014 (s 2 (4))\nCivil Unions Act 2012 A2012-40 sch 3 pt 3.26\nnotified LR 4 September 2012\ns 1, s 2 commenced 4 September 2012 (LA s 75 (1))\nsch 3 pt 3.26 commenced 11 September 2012 (s 2)\n\nEndnotes\nLegislation history 3\nR22\n23/02/26\nWills Act 1968\nEffective: 23/02/26\npage 55\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nMarriage Equality (Same Sex) Act 2013 A2013-39 sch 2 pt 2.24\nnotified LR 4 November 2013\ns 1, s 2 commenced 4 November 2013 (LA s 75 (1))\nsch 2 pt 2.24 commenced 7 November 2013 (s 2 and CN2013-11)\nNote The High Court held this Act to be of no effect (see\nCommonwealth v Australian Capital Territory [2013] HCA 55)\nRed Tape Reduction Legislation Amendment Act 2015 A2015-33\nsch 1 pt 1.76\nnotified LR 30 September 2015\ns 1, s 2 commenced 30 September 2015 (LA s 75 (1))\nsch 1 pt 1.76 commenced 14 October 2015 (s 2)\nJustice Legislation Amendment Act 2016 A2016-7 sch 1 pt 1.13\nnotified LR 29 February 2016\ns 1, s 2 commenced 29 February 2016 (LA s 75 (1))\nsch 1 pt 1.13 commenced 29 August 2016 (s 2 and LA s 79)\nProtection of Rights (Services) Legislation Amendment Act 2016\n(No 2) A2016-13 sch 1 pt 1.39\nnotified LR 16 March 2016\ns 1, s 2 commenced 16 March 2016 (LA s 75 (1))\nsch 1 pt 1.39 commenced 1 April 2016 (s 2 and see Protection of\nRights (Services) Legislation Amendment Act 2016 A2016-1 s 2)\nJustice and Community Safety Legislation Amendment Act 2021\nA2021-3 pt 20\nnotified LR 19 February 2021\ns 1, s 2 commenced 19 February 2021 (LA s 75 (1))\npt 20 commenced 26 February 2021 (s 2 (1))\nJustice and Community Safety Legislation Amendment\nAct 2021 (No 2) A2021-33 pt 18\nnotified LR 10 December 2021\ns 1, s 2 commenced 10 December 2021 (LA s 75 (1))\npt 18 commenced 17 December 2021 (s 2 (1))\n\nEndnotes\n","sortOrder":71},{"sectionNumber":"3","sectionType":"section","heading":"Legislation history","content":"3 Legislation history\npage 56 Wills Act 1968\nEffective: 23/02/26\nR22\n23/02/26\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nJustice and Community Safety Legislation Amendment\nAct 2023 (No 3) A2023-57 pt 19\nnotified LR 11 December 2023\ns 1, s 2 commenced 11 December 2023 (LA s 75 (1))\nss 51-53, s 55, s 56 commenced 12 December 2023 (s 2 (1))\npt 19 remainder commenced 11 June 2025 (s 2 (4))\nJustice and Community Safety Legislation Amendment Act 2026\nA2026-4 pt 13\nnotified LR 16 February 2026\ns 1, s 2 commenced 16 February 2026 (LA s 75 (1))\npt 13 commenced 23 February 2026 (s 2)\n\nEndnotes\nAmendment history 4\nR22\n23/02/26\nWills Act 1968\nEffective: 23/02/26\npage 57\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n4 Amendment history\nName of Act\ns 1 sub A2007-3 amdt 3.547\nDictionary\ns 2 om Ord1977-65 sch 2\nins A2007-3 amdt 3.550\nNotes\ns 3 om A2001-44 amdt 1.4338\nins A2007-3 amdt 3.550\nDefinitions for Act\ns 4 defs reloc to dict A2007-3 amdt 3.549\nom A2007-3 amdt 3.550\nApplication of Act\ns 5 am A2007-3 amdt 3.551\nAdministration of ordinance\ns 6 om Ord1978-46 sch 2\nChildren—testamentary capacity\ns 8 hdg sub A2007-3 amdt 3.552\ns 8 sub A1991-67 s 3\nam A2006-22 amdts 1.120-1.124 (A2006-22 rep before\ncommenced by disallowance (see Cwlth Gaz 2006 No S93));\nA2007-3 amdt 3.553; A2012-40 amdts 3.104-3.106;\nA2013-39 amdts 2.59-2.61 (A2013-39 never effective\n(see Commonwealth v Australian Capital Territory [2013]\nHCA 55))\nSupreme Court enabling will by child\ns 8A ins A1991-67 s 3\nam A2007-3 amdt 3.553\nSupreme Court enabling revocation of will by child\ns 8B ins A1991-67 s 3\nam A2006-22 amdt 1.125 (A2006-22 rep before commenced\nby disallowance (see Cwlth Gaz 2006 No S93)); A2007-3\namdt 3.553; A2012-40 amdt 3.107; A2013-39 amdt 2.61\n(A2013-39 never effective (see Commonwealth v Australian\nCapital Territory [2013] HCA 55))\nWill to be in writing and signed before 2 witnesses\ns 9 am A1991-67 s 4\nAppointments by will\ns 11 am A1991-67 s 5\n\nEndnotes\n4 Amendment history\npage 58 Wills Act 1968\nEffective: 23/02/26\nR22\n23/02/26\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nValidity of will etc not executed with required formalities\ns 11A ins A1991-67 s 6\nAlteration in will\ns 12 am A1991-67 s 7\nRectification\ns 12A ins A1991-67 s 8\nam A2007-3 amdts 3.554-3.558; A2008-7 amdt 1.80;\nA2009-20 amdt 3.230; A2015-33 amdt 1.261, amdt 1.262;\nA2016-13 amdt 1.145; A2021-33 s 28\nExtrinsic evidence\ns 12B ins A1991-67 s 8\nCertain appointments and trusts not void\ns 14A ins A1991-67 s 9\nWill attested by beneficiary or domestic partner of beneficiary\ns 15 hdg sub A2008-14 amdt 1.85\ns 15 sub A1991-67 s 10\nam A2006-22 amdt 1.126, amdt 1.28, amdt 1.29 (A2006-22\nrep before commenced by disallowance (see Cwlth Gaz 2006\nNo S93)); A2008-14 amdt 1.86; A2012-40 amdt 3.108\nFormal validity of wills\npt 2A ins Ord1983-46 s 2\nDefinitions for pt 2A\ns 15A ins Ord1983-46 s 2\ndef country ins Ord1983-46 s 2\ndef internal law ins Ord1983-46 s 2\ndef made ins Ord1983-46 s 2\ndef place ins Ord1983-46 s 2\ndef testator ins Ord1983-46 s 2\ndef will ins Ord1983-46 s 2\nSystem of law to be applied\ns 15B ins Ord1983-46 s 2\nGeneral rule as to formal validity\ns 15C ins Ord1983-46 s 2\nAdditional rules as to formal validity\ns 15D ins Ord1983-46 s 2\nRelevance of formal requirements for making\ns 15E ins Ord1983-46 s 2\nCertain requirements to be treated as formal\ns 15F ins Ord1983-46 s 2\n\nEndnotes\nAmendment history 4\nR22\n23/02/26\nWills Act 1968\nEffective: 23/02/26\npage 59\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nConstruction of will not affected by later change of domicile\ns 15G ins Ord1983-46 s 2\nApplication of pt 2A\ns 15H ins Ord1983-46 s 2\nWills of soldiers etc\ns 16 am R3 LRA; A1999-66 sch 3; pars renum R4 LA\nCourt authorised wills for people without testamentary capacity\npt 3A hdg ins A2010-13 amdt 1.36\nCourt may authorise will to be made, altered or revoked for person without\ntestamentary capacity\ns 16A ins A2010-13 amdt 1.36\nam A2023-57 s 51\nInformation required in support of application for leave\ns 16B ins A2010-13 amdt 1.36\nHearing of application for leave\ns 16C ins A2010-13 amdt 1.36\nHearing of application for order\ns 16D ins A2010-13 amdt 1.36\nCourt must be satisfied about certain matters\ns 16E ins A2010-13 amdt 1.36\nExecution of will made under order\ns 16F ins A2010-13 amdt 1.36\nRetention of will\ns 16G ins A2010-13 amdt 1.36\nam A2023-57 s 52, s 53\nSeparate representation of person without testamentary capacity\ns 16H ins A2010-13 amdt 1.36\nRecognition of statutory wills\ns 16I ins A2010-13 amdt 1.36\nInternational wills\npt 3B hdg ins A2012-13 amdt 1.44\nDefinitions—pt 3B\ns 16J ins A2012-13 amdt 1.44\ndef convention ins A2012-13 amdt 1.44\ndef international will ins A2012-13 amdt 1.44\nApplication of convention\ns 16K ins A2012-13 amdt 1.44\n\nEndnotes\n","sortOrder":72},{"sectionNumber":"4","sectionType":"section","heading":"Amendment history","content":"4 Amendment history\npage 60 Wills Act 1968\nEffective: 23/02/26\nR22\n23/02/26\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nPersons authorised to act in connection with international wills\ns 16L ins A2012-13 amdt 1.44\nApplication of Act to international wills\ns 16M ins A2012-13 amdt 1.44\nCreditor to be admitted as witness\ns 18 am A2006-22 amdt 1.127, amdt 1.30, amdt 1.31 (A2006-22\nrep before commenced by disallowance (see Cwlth Gaz 2006\nNo S93)); A2008-14 amdt 1.87\nRevocation of will by testator’s marriage or civil partnership\ns 20 hdg sub A2006-22 amdt 1.132 (A2006-22 rep before commenced\nby disallowance (see Cwlth Gaz 2006 No S93)); A2008-14\namdt 1.88; A2012-40 amdt 3.109; A2013-39 amdt 2.62\n(A2013-39 never effective (see Commonwealth v Australian\nCapital Territory [2013] HCA 55))\ns 20 am 1991 No. 67 s 11; A2006-22 amdts 1.133-1.137 (A2006-22\nrep before commenced by disallowance (see Cwlth Gaz 2006\nNo S93)); A2007-3 amdt 3.559; A2008-14 amdts 1.89-1.91;\nA2012-40 amdts 3.110-3.115; A2013-39 amdts 2.63-2.68\n(A2013-39 never effective (see Commonwealth v Australian\nCapital Territory [2013] HCA 55))\nEffect of termination of marriage, civil union or civil partnership\ns 20A hdg sub A2006-22 amdt 1.138 (A2006-22 rep before commenced\nby disallowance (see Cwlth Gaz 2006 No S93)); A2008-14\namdt 1.92; A2012-40 amdt 3.116\ns 20A ins A1991-67 s 12\nam A2006-22 amdts 1.139-1.144 (A2006-22 rep before\ncommenced by disallowance (see Cwlth Gaz 2006 No S93));\nA2006-40 amdt 2.211; A2008-14 amdts 1.93-1.98; A2012-40\namdts 3.117-3.122; ss renum R12 LA; A2013-39 amdt 2.69,\namdt 2.70 (A2013-39 never effective (see Commonwealth v\nAustralian Capital Territory [2013] HCA 55))\nRevocation of will\ns 21 am A1991-67 s 13; A2010-13 amdt 1.37\nDevises to people who have altered their sex\ns 28A hdg sub A2016-7 amdt 1.26\ns 28A ins A1997-114 s 4\nam A2016-7 amdts 1.27-1.29\nIntermediate income on future and contingent bequests and devises\ns 30A ins A1991-67 s 14\nGifts to issue\ns 31 sub A1991-67 s 15\nam A2007-3 amdt 3.560\n\nEndnotes\nAmendment history 4\nR22\n23/02/26\nWills Act 1968\nEffective: 23/02/26\npage 61\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nLegitimacy of issue\ns 31A ins Ord1989-16 s 3\nDistribution to issue\ns 31B ins A1991-67 s 16\nBeneficiary not surviving testator\ns 31C ins A1991-67 s 16\nsub A2021-3 s 43\nWills deposited with registrar\ns 32 sub A2023-57 s 54\nWills in possession of legal aid commission\ns 33 om A2023-57 s 54\nins A2026-4 s 43\nSearches\ns 34 om A2023-57 s 54\nTransitional\npt 5 ins A2000-80 amdt 3.39\nApplication of amendments and provisions\ns 35 ins A2000-80 amdt 3.39\nTransfer of wills deposited with registrar\ns 36 ins A2023-57 s 55\nexp 11 June 2025 (s 36 (4))\nAnnex to Convention providing a Uniform Law on the Form of an\nInternational Will 1973\nsch 1 ins A2012-13 amdt 1.45\nDictionary\ndict ins A2007-3 amdt 3.561\nam A2008-14 amdt 1.99; A2009-20 amdt 3.231; A2012-40\namdt 3.123; A2013-39 amdt 2.71 (A2013-39 never effective\n(see Commonwealth v Australian Capital Territory [2013]\nHCA 55)); A2015-33 amdt 1.263, amdt 1.264; A2016-13\namdt 1.146; A2023-57 s 56\ndef personal property reloc from s 4 A2007-3 amdt 3.549\ndef real property reloc from s 4 A2007-3 amdt 3.549\ndef registrar sub A1994-97 sch pt 1; A2006-40 amdt 2.210\nreloc from s 4 A2007-3 amdt 3.549\ndef will sub A2007-3 amdt 3.548\nreloc from s 4 A2007-3 amdt 3.549\nsub A2007-16 amdt 3.140\n\nEndnotes\n5 Earlier republications\npage 62 Wills Act 1968\nEffective: 23/02/26\nR22\n23/02/26\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n","sortOrder":73},{"sectionNumber":"5","sectionType":"section","heading":"Earlier republications","content":"5 Earlier republications\nSome earlier republications were not numbered. The number in column 1 refers to\nthe publication order.\nSince 12 September 2001 every authorised republication has been published in\nelectronic pdf format on the ACT legislation register. A selection of authorised\nrepublications have also been published in printed format. These republications are\nmarked with an asterisk (*) in column 1. Electronic and printed versions of an\nauthorised republication are identical.\nRepublication No Amendments to Republication date\n1 Ord1989-16 28 February 1991\n2 A1991-67 31 October 1992\n3 A1997-114 31 March 1999\n4 (RI) † A2001-44 6 June 2008\n5 (RI) † A2006-40 6 June 2008\n6 (RI) † A2007-3 6 June 2008\n7 (RI) † A2007-16 6 June 2008\n8 (RI) † A2008-7 6 June 2008\n9 (RI) † A2008-14 6 June 2008\n10 A2009-20 22 September 2009\n11 A2010-13 28 April 2010\n12 A2012-40 11 September 2012\n13 A2013-39 (never effective) 7 November 2013\n13 (RI) †† A2013-39 (never effective) 24 February 2014\n14 A2013-39 (never effective) 11 April 2014\n15 A2015-33 14 October 2015\n16 A2016-13 1 April 2016\n17 A2016-7 29 August 2016\n18 A2021-3 26 February 2021\n\nEndnotes\nExpired transitional or validating provisions 6\nR22\n23/02/26\nWills Act 1968\nEffective: 23/02/26\npage 63\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nRepublication No Amendments to Republication date\n19 A2021-33 17 December 2021\n20 A2023-57 12 December 2023\n21 A2023-57 11 June 2025\n† includes numbering correction in pt 5\n†† reissued because of High Court decision in relation to A2013-39\n","sortOrder":74},{"sectionNumber":"6","sectionType":"section","heading":"Expired transitional or validating provisions","content":"6 Expired transitional or validating provisions\nThis Act may be affected by transitional or validating provisions that have expired.\nThe expiry does not affect any continuing operation of the provisions\n(see Legislation Act 2001, s 88 (1)).\nExpired provisions are removed from the republished law when the expiry takes\neffect and are listed in the amendment history using the abbreviation ‘exp’ followed\nby the date of the expiry.\nTo find the expired provisions see the version of this Act before the expiry took\neffect. The ACT legislation register has point-in-time versions of this Act.\n© Australian Capital Territory 2026","sortOrder":75}],"analysis":{"flash_summary":{"complexity_score":6,"scope_assessment":{"changed":true,"description":"Since the original 1968 instrument the Act’s scope has been expanded beyond basic execution and interpretation rules to include statutory treatment of foreign and international wills (pt 2A, ss 15A–15H; pt 3B, ss 16J–16M and sch 1), judicially‑authorised wills and revocations for people without testamentary capacity (pt 3A, ss 16A–16F), rectification of probate copies with notice and limitation rules (s 12A), and administrative provisions for deposit/transfer of wills (ss 32–33). These additions create new judicial and administrative pathways (and associated procedural requirements) that go beyond the original mechanical formalities for signature and witnessing (s 9)."},"complexity_factors":["Multiple formalities and exceptions: strict execution rules (s 9) alongside broad judicial saving provisions (s 11A) increase conditional complexity.","Judicial discretion and non‑evidentiary procedures: Court may \"inform itself in any manner\" and is not bound by rules of evidence in pt 3A (s 16D(c)), raising unpredictability.","Cross‑jurisdiction rules: choice of applicable internal law, domicile/habitual residence/nationality tests and special rules for vessels/immovables (pt 2A, ss 15B–15D).","Special procedural regimes: court leave and detailed evidentiary lists for applications under pt 3A (s 16B), and timing/notice rules for rectification (s 12A(3)–(5)).","International‑will regime layered onto domestic rules (pt 3B and sch 1), creating parallel certification and conclusive‑certificate rules (sch 1 art 12).","Interaction with family/relationship events: marriage/civil union and termination provisions modify revocation (ss 20–20A) and interact with other distribution rules.","Administrative/recordkeeping complexity: registrar powers, transfer to public trustee and destruction with judge permission (ss 32–33) require administrative procedures and coordination.","Multiple beneficiary and succession rules (ss 23–31C) with time‑based survivorship tests (30‑day rule) and substitution mechanisms add interpretive detail."],"plain_english_summary":"# What this law does (mechanically)\n\n- Sets the legal rules for making, altering, revoking and interpreting wills in the ACT (see long title and s 5).  The core formal requirements are: the will must be in writing, signed by the testator (or by another in the testator’s direction) and the signing or acknowledgment must be made in the presence of at least two witnesses who then attest and subscribe (s 9; s 10 clarifies positioning of signatures).\n\n- Provides specific rules about who can make a will and when: children generally cannot (s 8) but there are court pathways for a child to make or revoke a will in specified terms (ss 8A–8B); members of certain Defence Force classes may make oral or written testamentary declarations treated as effective (s 16).\n\n- Creates statutory mechanisms for non‑standard cases:\n  - the Supreme Court can validate a document that was not executed with the formalities if the Court is satisfied the deceased intended it to be a will (s 11A);\n  - the Court can authorise a will to be made, altered or revoked for a person who lacks testamentary capacity (pt 3A, esp. ss 16A–16F), and the Act prescribes the information, leave and evidence processes for those applications (s 16B; s 16E);\n  - the Court may order rectification of probate copy of a will to carry out a testator’s intentions and the Act sets time limits and notice procedures for such applications (s 12A).\n\n- Deals with cross‑border/formal validity issues: a will is treated as properly made if it satisfies the internal law of certain relevant places (place made, domicile, habitual residence or nationality) and offers additional rules for wills made on board a vessel, wills concerning immovables and powers of appointment (pt 2A, ss 15A–15F; see ss 15C–15D).\n\n- Implements the 1973 UNIDROIT Convention on international wills and provides a statutory route for international wills and authorised persons to act (pt 3B, ss 16J–16M; sch 1 annex).\n\n- Provides detail on interpretation, distribution rules and particular events that affect wills: marriage, civil unions/partnerships revoking wills in some circumstances (s 20), effect of termination of such relationships (s 20A), what happens when beneficiaries predecease the testator or die within 30 days (ss 31–31C), intermediate income on contingent gifts (s 30A), and many construction rules (ss 23–31).\n\n- Provides administrative and recordkeeping provisions: deposit and transfer of wills with the Supreme Court registrar, possible deposit with the public trustee and guardian, and limited powers to destroy wills with judicial permission (ss 32–33).\n\n\n# Why the Act exists (stated purpose) and how it achieves that\n\n- The Act is framed \"to make provisions in relation to the execution and interpretation of wills\" (long title).  It achieves this by prescribing formalities (pt 2), exceptions and saving mechanisms where formalities are not met (s 11A), judicial remedies to protect people without capacity (pt 3A), and rules to resolve cross‑jurisdictional formal issues (pt 2A and pt 3B).\n\n\n# Practical effects, who pays, who decides, and likely behaviour changes\n\n- Who pays: individuals who want a valid will generally bear the cost of complying with formalities (obtaining witnesses; s 9), and parties who seek court orders (for child wills ss 8A–8B or court‑authorised wills pt 3A) pay court and legal costs. Executors and administrators may bear costs and some procedural burdens when rectification or litigation occurs. The public (courts, registrar, public trustee and guardian) will absorb administrative and judicial costs for processing, storing and acting on wills (ss 32–33; pt 3A judicial business).\n\n- Who decides: the Supreme Court has extensive decision points—authorising wills for children (s 8A), enabling revocations (s 8B), validating non‑formal instruments (s 11A), rectifying probate copies (s 12A), and authorising statutory wills for people without capacity (ss 16A–16E). The registrar has administrative discretion over deposited wills (s 32). For international wills, authorised persons (Australian legal practitioners or public notaries) perform certification tasks (s 16L; sch 1 art 10).\n\n- Behaviour changes expected: more use of formal attested wills to avoid litigation risks (s 9); parties with non‑standard circumstances (lack of capacity, international assets, child testators) may use court pathways (pt 3A; ss 8A–8B; pt 3B) with increased legal involvement; some testators (or legal advisers) will rely on Part 2A and the international‑will mechanism to reduce the need to draft multiple local wills for cross‑border assets (ss 15C–15D; ss 16J–16M). Executors may publish notices and delay distribution to guard against rectification applications (s 12A(4)).\n\n\n# Costs, incentives, trade‑offs and implementation risks\n\n- Compliance burden: The core signature/witness formalities (s 9) and the formal requirements for alterations (s 12) create a clear compliance cost for testators (time, arranging witnesses) and, where formalities are not met, legal costs to seek validation (s 11A). Part 2A reduces some re‑drafting costs by recognising foreign formalities (ss 15C–15E), but requires factual/legal enquiries about domicile/habitual residence/nationality.\n\n- Incentives and substitution effects: The Court’s power to validate non‑formal documents (s 11A) and to authorise statutory wills (ss 16A–16F) creates an alternative to strict adherence to formalities; that reduces the cost of inadvertent non‑compliance but shifts costs to the court system and to parties who must apply or oppose. The international‑will procedure (pt 3B; sch 1) incentivises use of the Convention form for people with assets or connections across jurisdictions.\n\n- Concentrated benefits, diffuse costs: Lawyers and notaries gain repeat business from applications, court work and drafting international wills. The costs of additional litigation and court time (for validation, rectification or statutory wills) are borne by applicants and, indirectly, by public resources. Executors face potential liability or risk of later orders changing distributions, but s 12A(5) limits executor liability in specified notice/distribution situations (see s 12A(3)–(5)).\n\n- Bureaucratic discretion and implementation risk: The Supreme Court has wide discretion—e.g. not bound by rules of evidence in pt 3A (s 16D(c)), and may \"inform itself in any manner it sees fit\" (s 16D(b)). The registrar also has administrative discretion over deposited wills, including transfer to the public trustee and destruction with judicial permission (s 32(2)(a),(c)). Those discretions mean outcomes depend on case facts and judicial/administrative practice.\n\n\n# Trade‑offs and opportunity costs\n\n- The Act balances legal certainty gained from formal rules (reducing disputed wills) against access costs when strict compliance fails (reliance on court remedies increases time and expense).  Recognising foreign and international wills (pt 2A; pt 3B) reduces duplication and transaction costs for cross‑border estates, at the cost of added complexity in determining which foreign law applies (ss 15B–15E).\n\n\n# Sections to note for particular consequences\n\n- Formalities and signature placement: s 9; s 10.\n- Court validation of non‑formal documents: s 11A.\n- Rectification and protective notice rules for executors: s 12A (esp. subsections (3)–(5)).\n- Court‑authorised wills for people without capacity: ss 16A–16F (and procedural requirements in s 16B and criteria in s 16E).\n- Cross‑border/formal validity and international wills: pt 2A (ss 15A–15H) and pt 3B (ss 16J–16M and sch 1 annex).\n- Marriage, civil union/partnership effects and termination: ss 20 and 20A.\n- Deposit, transfer and destruction of wills: ss 32–33.\n\n\nThis summary draws only on the text of the Wills Act 1968 as supplied (the Act’s parts, sections and schedule cited above). It describes how the Act allocates decisions and compliance tasks, and the main legal and administrative pathways the Act creates for making and contesting testamentary dispositions.\n"},"summary":{"name":"Wills Act 1968","slug":"wills-act-1968","title_id":"a-1968-11","version_id":24503,"analysis_type":"summary","content_quality":"ok","complexity_score":3,"scope_assessment":{"changed":false,"description":"Complete ACT Wills Act 1968, Republication 22, effective 23 February 2026. 6 Parts."},"complexity_factors":["Formal execution requirements with strict signature and witness rules","Court-authorised will regime for persons without testamentary capacity","Private international law provisions for foreign wills","Statutory construction rules interacting with general equity principles"],"plain_english_summary":"The Wills Act 1968 (ACT) is the Australian Capital Territory's legislation governing the making, execution, validity, revocation, and interpretation of wills. As of Republication 22 (effective 23 February 2026, last amended by A2026-4), it is a comprehensive statute covering all major aspects of will-making in the Territory.\n\nPart 2 sets out the formal requirements for a valid will. Under section 9, a will must be in writing, signed at the foot or end by the testator (or by another person in the testator's presence and by their direction), and the testator's signature must be made or acknowledged in the presence of two witnesses present at the same time, who then sign in the testator's presence. These formalities are similar across Australian jurisdictions.\n\nPart 2 also contains important provisions about: the testamentary capacity of children (section 8); rectification of wills that fail to carry out the testator's intentions (section 12A); construction of wills including the admissibility of extrinsic evidence (section 12B); and the effect of marriage and divorce on existing wills.\n\nPart 2A deals with the formal validity of wills under private international law, determining which jurisdiction's laws govern the formal validity of a will with a foreign element.\n\nPart 3 covers testamentary dispositions by members of the defence forces.\n\nPart 3A allows the Supreme Court to authorise a will, or the alteration or revocation of a will, for a person who lacks testamentary capacity (section 16A). This is an important jurisdiction for protecting the interests of persons with cognitive impairment or mental illness.\n\nPart 3B incorporates the rules governing international wills (the UNIDROIT Convention on international wills).\n\nPart 4 contains miscellaneous provisions including gifts to children and remoter issue, and other construction rules.\n\nThe Act applies to and in relation to wills of persons who die after its commencement (section 5)."},"kimi_summary":{"content_quality":"ok","complexity_score":6,"scope_assessment":{"changed":true,"description":"The original 1968 Ordinance was a relatively straightforward wills formalities statute. Over 58 years of amendments, it has expanded significantly beyond its original scope. Major expansions include: (1) Part 2A (1983) adding complex private international law rules for cross-border wills; (2) Part 3A (2010) creating a statutory wills scheme for incapacitated persons - a substantial interventionist mechanism not in the original Act; (3) Part 3B (2012) implementing the International Wills Convention; (4) extensive provisions regarding relationship recognition (civil unions, civil partnerships, same-sex marriage attempts) reflecting evolving social structures; and (5) court rectification powers (s 12A) and informal will provisions (s 11A) that substantially relax original strict compliance requirements. The Act has transformed from a simple formalities statute into a comprehensive succession law instrument incorporating disability rights, international law, and judicial discretion provisions."},"complexity_factors":["Multiple overlapping regimes for will-making: standard formalities (Part 2), children's wills (ss 8-8B), defence force personnel (Part 3), court-authorised wills for incapacitated persons (Part 3A), and international wills (Part 3B)","Extensive cross-referencing between Parts, particularly between substantive provisions and the Dictionary (schedule)","Complex conditional logic regarding revocation by marriage/civil union/partnership (ss 20, 20A) with multiple exceptions and sub-exceptions","Nested definitions and scope rules in Part 2A (formal validity) dealing with conflict of laws and multiple potential governing legal systems","Detailed procedural requirements for statutory wills (Part 3A) including leave applications, evidence requirements, and separate representation provisions","Interaction between common law concepts (fee simple, estates tail, contingent interests) and statutory modifications","Transitional provisions (s 35) creating temporal boundaries for different versions of provisions based on will execution dates","Incorporation by reference of the 1973 Washington Convention on International Wills (Schedule 1)"],"plain_english_summary":"This is the ACT's Wills Act 1968, which governs how people can make legally valid wills to distribute their property after death.\n\n**What it does:**\n- **Sets the rules for making a valid will**: A will must be in writing, signed by the person making it (the testator), and witnessed by two people present at the same time (section 9). There are some exceptions for soldiers in active service (Part 3) and international wills (Part 3B).\n- **Who can make a will**: Generally, you must be 18 or older (have \"testamentary capacity\"). However, children who are or have been married or in a civil union can make wills, and other children can apply to the Supreme Court for permission to make a will (sections 8, 8A, 8B).\n- **Helps people who can't make wills themselves**: If someone lacks mental capacity (testamentary capacity), the Supreme Court can authorise a will to be made, changed, or revoked on their behalf (Part 3A - \"statutory wills\").\n- **Deals with informal wills**: Even if a document doesn't meet all the technical requirements, the Supreme Court can declare it a valid will if satisfied it reflects the deceased person's intentions (section 11A).\n- **Handles mistakes**: The Supreme Court can fix (\"rectify\") wills that don't properly reflect what the person intended due to clerical errors or changes in circumstances (section 12A).\n- **Covers international situations**: It recognises wills made overseas if they comply with the law where they were made, where the person lived, or where they were a citizen (Part 2A). It also implements the International Wills Convention for wills that need to be valid across multiple countries (Part 3B).\n- **Addresses relationship changes**: Getting married, entering a civil union or civil partnership generally revokes (cancels) a previous will unless the will was made in contemplation of that marriage/union (section 20). Conversely, divorce or termination of these relationships automatically removes gifts to the former partner unless the will shows a contrary intention (section 20A).\n- **Explains how to interpret wills**: It includes rules about what happens if beneficiaries die before the testator, how gifts to children and grandchildren are distributed, and how property descriptions should be understood (sections 24-31C).\n\n**Who it affects:**\n- Anyone making a will in the ACT\n- Families and beneficiaries of deceased ACT residents\n- Lawyers and the Supreme Court (which handles disputes and applications about wills)\n- People with disabilities who cannot make their own wills (through the statutory wills process)\n\n**Why it matters:**\nThis Act ensures that people's final wishes about their property are respected while providing flexibility for unusual situations (informal documents, people lacking capacity, international assets). It balances strict formal requirements with court powers to fix mistakes and recognise genuine intentions, preventing unfair outcomes while maintaining certainty about property ownership after death."}},"importantCases":[],"_links":{"self":"/api/acts/wills-act-1968","history":"/api/acts/wills-act-1968/history","analysis":"/api/acts/wills-act-1968/analysis","conflicts":"/api/acts/wills-act-1968/conflicts","importantCases":"/api/acts/wills-act-1968/important-cases","documents":"/api/acts/wills-act-1968/documents"}}