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Wills Act 1968
8Children—testamentary capacity
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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.