8Children—testamentary capacity

8 Children—testamentary capacity (1) Subject to this section and section 16, a will made by a child is not valid. (2) A child who is or has been married or in a civil union may make a valid will and may revoke a will, or a part of a will, that he or she has made.

Part 2 Wills Section 8A page 4 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 (3) A will made by a child who may marry or enter into a civil union and that is made in contemplation of a marriage or civil union is, on the solemnisation of the marriage or entry into the civil union contemplated, valid. (4) If the Supreme Court, on an application by a child under section 8A, makes an order in accordance with that section enabling the child to make a will in the specific terms of a proposed will attached to the application, the child may make a valid will in those terms. (5) If the Supreme Court, on an application by a child under section 8B, makes an order in accordance with that section enabling the child to revoke a will, or a part of a will, the child may revoke the will, or the part of the will, in accordance with that order. (6) A child who has made a will in accordance with an order of the Supreme Court under section 8A and who has not at any time been married or in a civil union may not revoke the will, or a part of the will, otherwise than in accordance with an order of the Supreme Court under section 8B. (7) This section has effect subject to section 9.