What it does
The Wills Act 1997 (Vic) comprehensively codifies and modernises the law governing testamentary instruments in Victoria. Its core function, stated in s 1, is to restate with amendments the law relating to the making, alteration, revocation and revival of wills, the capacity of the Supreme Court to authorise wills or rectifications in defined circumstances, the construction of wills, and ancillary matters. It repealed the Wills Act 1958 (s 51) and works in tandem with the Administration and Probate Act 1958.
Part 2 is the operational heart. Division 1 confirms that a testator may dispose by will of after-acquired property and certain future interests (s 4), sets the minimum age at 18 (s 5), and carves out exceptions for married minors (s 6). Division 2 prescribes the formalities of execution: the will must be in writing, signed by the testator (or substitute) with testamentary intention, in the presence of two or more witnesses present at the same time, with at least two witnesses attesting in the testator’s presence (s 7(1)). Critically, the 2021 amendments introduced the “remote execution procedure” (defined in s 3(1) and detailed in s 8A). This permits audio-visual link participation provided one witness is a “special witness” (Australian legal practitioner, JP, or prescribed class), all steps occur on the same day within Victoria, the special witness signs last, and the special witness certifies compliance. Section 8B deems the document checked and signed by the special witness to be the valid will; counterpart documents are invalid. Electronic signatures are permitted only via this procedure (s 7(6)), and “in the presence of” is statutorily expanded to include audio-visual presence (s 7(7)).
Division 3 empowers the Supreme Court (or, in limited cases, the Registrar) to dispense with execution formalities if satisfied the deceased intended the document to be his or her will (s 9). This “dispensing power” is retrospective and applies to documents inside or outside Victoria. Division 4 disqualifies blind or illiterate witnesses (s 10) but abolishes the former “interested witness” rule; a witness or their spouse or domestic partner may still take a benefit (s 11).