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Wills Act 1968
10When signature to will valid
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10 When signature to will valid
(1) A will, so far only as regards the position of the signature of the
testator on the will, is not invalid if the signature is so placed at, after,
following, under, beside or opposite to the end of the will that it is
apparent on the face of the will that the testator intended to give effect
by that signature to the writing signed as his or her will.
(2) Without limiting subsection (1), the validity of a will is not affected
by reason of the fact—
(a) that the signature of the testator does not follow, or is not
immediately after, the foot or end of the will; or
(b) that a blank space intervenes between the concluding word of
the will and the signature; or
(c) that the signature—
(i) is placed among the words of the testimonium clause or of
the clause of attestation; or
(ii) follows, or is after or under, the clause of attestation,
whether or not a blank space intervenes between the
concluding word of that clause and the signature; or
Wills Part 2
Section 11
R22
23/02/26
Wills Act 1968
Effective: 23/02/26
page 7
Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au
(iii) follows, or is after, under or beside, the names, or 1 of the
names, of the subscribing witnesses; or
(d) that the signature is on a side, page or other portion of the paper
or papers containing the will on which no clause, paragraph or
disposing part of the will is written above the signature; or
(e) that there appears to be sufficient space for the signature on or
at the bottom of the preceding side, page or other portion of the
paper on which the will is written.
(3) The signature of the testator on a will does not operate to give effect
to a disposition or direction that is underneath or follows that
signature, or that is inserted in the will after that signature is made.
(4) In this section, references to the signature of the testator are, in
relation to a will signed by a person by the direction of the testator,
references to the signature of that person.