35Application of amendments and provisions

35 Application of amendments and provisions (1) The provisions set out in the table, column 2 as amended or inserted by the Wills (Amendment) Act 1989 (the 1989 amendment) apply only in relation to wills made or republished after 24 March 1989. (2) The provisions set out in the table, column 3 as amended or inserted by the Wills (Amendment) Act 1991 (the 1991 amendment) apply only in relation to wills taking effect after 7 November 1991. Table Table of provisions amended or inserted column 1 item column 2 provision amended or inserted by the 1989 amendment column 3 provision amended or inserted by the 1991 amendment 1 section 9 2 section 11 3 section 11A 4 section 12 5 section 12A 6 section 12B 7 section 14A 8 section 15 9 section 20 10 section 20A 11 section 30A 12 section 31 13 section 31A 14 section 31B 15 section 31C Annex to Convention providing a Uniform Law on the Form of an International Will 1973 Schedule 1 R22 23/02/26 Wills Act 1968 Effective: 23/02/26 page 45 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Schedule 1 Annex to Convention providing a Uniform Law on the Form of an International Will 1973 (see s 16K) Article 1 1. A will shall be valid as regards form, irrespective particularly of the place where it is made, of the location of the assets and of the nationality, domicile or residence of the testator, if it is made in the form of an international will complying with the provisions set out in Articles 2 to 5 hereinafter. 2. The invalidity of the will as an international will shall not affect its formal validity as a will of another kind. Article 2 This law shall not apply to the form of testamentary dispositions made by two or more persons in one instrument. Article 3 1. The will shall be made in writing. 2. It need not be written by the testator himself. 3. It may be written in any language, by hand or by any other means. Article 4 1. The testator shall declare in the presence of two witnesses and of a person authorized to act in connection with international wills that the document is his will and that he knows the contents thereof. 2. The testator need not inform the witnesses, or the authorized person, of the contents of the will. Schedule 1 Annex to Convention providing a Uniform Law on the Form of an International Will 1973 page 46 Wills Act 1968 Effective: 23/02/26 R22 23/02/26 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Article 5 1. In the presence of the witnesses and of the authorized person, the testator shall sign the will or, if he has previously signed it, shall acknowledge his signature. 2. When the testator is unable to sign, he shall indicate the reason therefor to the authorized person who shall make note of this on the will. Moreover, the testator may be authorized by the law under which the authorized person was designated to direct another person to sign on his behalf. 3. The witnesses and the authorized person shall there and then attest the will by signing in the presence of the testator. Article 6 1. The signatures shall be placed at the end of the will. 2. If the will consists of several sheets, each sheet shall be signed by the testator or, if he is unable to sign, by the person signing on his behalf or, if there is no such person, by the authorized person. In addition, each sheet shall be numbered. Article 7 1. The date of the will shall be the date of its signature by the authorized person. 2. This date shall be noted at the end of the will by the authorized person. Article 8 In the absence of any mandatory rule pertaining to the safekeeping of the will, the authorized person shall ask the testator whether he wishes to make a declaration concerning the safekeeping of his will. If so and at the express request of the testator the place where he intends to have his will kept shall be mentioned in the certificate provided for in Article 9. Annex to Convention providing a Uniform Law on the Form of an International Will 1973 Schedule 1 R22 23/02/26 Wills Act 1968 Effective: 23/02/26 page 47 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Article 9 The authorized person shall attach to the will a certificate in the form prescribed in Article 10 establishing that the obligations of this law have been complied with. Article 10 The certificate drawn up by the authorized person shall be in the following form or in a substantially similar form: CERTIFICATE (Convention of October 26, 1973) 1. I, .................................................. (name, address and capacity), a person authorized to act in connection with international wills 2. Certify that on ............................. (date) at ............................. (place) 3. (testator).................................................. (name, address, date and place of birth) in my presence and that of the witnesses 4. (a)............................................... (name, address, date and place of birth) (b)............................................... (name, address, date and place of birth) has declared that the attached document is his will and that he knows the contents thereof. 5. I furthermore certify that: 6. (a) in my presence and in that of the witnesses (1) the testator has signed the will or has acknowledged his signature previously affixed. *(2) following a declaration of the testator stating that he was unable to sign his will for the following reason..................................................... —I have mentioned this declaration on the will *—the signature has been affixed by............................. (name, address)