NORTHERN TERRITORY OF AUSTRALIA
WILLS ACT 2000
As in force at 1 January 2022
Table of provisions
Part 1 Preliminary
1 Short title ......................................................................................... 1
2 Commencement .............................................................................. 1
3 Definitions ........................................................................................ 1
4 Purpose ........................................................................................... 2
5 Application of Act ............................................................................. 2
Part 2 Capacity and formal requirements
Division 1 Capacity
6 Property that may be disposed of by will ......................................... 3
7 Minimum age for making will ........................................................... 3
Division 2 Execution of wills
8 How wills should be executed.......................................................... 4
9 Witnesses need not know the contents of what they are
signing ............................................................................................. 4
10 When Court may dispense with requirements for execution of
wills .................................................................................................. 5
11 Persons who may not be witnesses to wills ..................................... 5
12 Can interested witnesses benefit from dispositions under
wills? ................................................................................................ 6
Division 3 Revocation, alteration and revival of wills
13 How wills may be revoked ............................................................... 6
14 Effect of marriage on wills................................................................ 7
15 Effect of divorce etc. on wills ........................................................... 7
16 How wills may be altered ................................................................. 8
17 How wills may be revived ................................................................ 9
Part 3 Wills made or rectified under court
authorisation
Division 1 Wills made by minors
18 Court may authorise wills by minors ................................................ 9
Wills Act 2000 ii
Division 2 Wills for persons without testamentary
capacity
19 Court may make certain orders regarding persons without
testamentary capacity .................................................................... 11
20 Leave of Court is required to make application.............................. 11
21 Court must be satisfied as to certain matters................................. 12
22 Orders Court may make on application for leave ........................... 13
23 Application for authorisation of making etc. of will ......................... 13
24 Execution of will ............................................................................. 14
25 Retention of will or instrument ....................................................... 14
26 Recognition of statutory wills ......................................................... 14
Division 3 Rectification of wills by Court
27 Court may rectify will ..................................................................... 15
Part 4 Construction of will
28 What interests in property do wills dispose of? .............................. 16
29 When do wills take effect? ............................................................. 16
30 Effect of failure of dispositions ....................................................... 16
31 Use of extrinsic evidence to clarify wills ......................................... 16
32 Effect of change in testator's domicile ........................................... 17
33 Income on contingent, future or deferred dispositions ................... 17
34 Beneficiaries must survive testator by 30 days .............................. 17
35 What do general dispositions of property include? ........................ 17
36 What do general dispositions of land include?............................... 17
37 Effect of devise of real property without words of limitation ........... 18
38 How dispositions to issue operate ................................................. 18
39 How requirements to survive with issue are to be construed ......... 18
40 Dispositions not to fail because issue have died before
testator .......................................................................................... 18
41 Construction of dispositions ........................................................... 19
42 Legacies to unincorporated associations of persons ..................... 19
43 Can persons delegate, by will, power to dispose of property? ....... 20
44 Effect of referring to valuation in a will ........................................... 20
Part 5 Wills under foreign law
45 Definition of internal law ................................................................ 21
46 General rule as to formal validity ................................................... 21
47 Ascertainment of system of internal law ........................................ 22
48 Construction of the law applying to wills under foreign law ............ 22
48A Part does not limit international wills provisions............................. 23
Part 5A International wills
48B Definitions ...................................................................................... 23
Wills Act 2000 iii
48C Application of Convention .............................................................. 23
48D Persons authorised to act in connection with international wills .... 23
48E Witnesses to international wills ...................................................... 24
48F Application of Act to international wills ........................................... 24
Part 6 Deposit of wills with prescribed person
49 Prescribed person ......................................................................... 24
50 Will may be deposited with prescribed person............................... 24
51 Delivery of will by prescribed person ............................................. 25
52 Examination of will by prescribed person ...................................... 26
53 Failure to retain will does not affect validity of will ......................... 26
Part 7 Miscellaneous
54 Persons who are entitled to see will .............................................. 26
55 Personal representative may make maintenance distribution
within 30 days ................................................................................ 26
56 Regulations.................................................................................... 27
57 Repeal ........................................................................................... 28
58 Savings .......................................................................................... 28
Schedule Repealed Acts
Schedule 2 Annex to Convention providing a Uniform
Law on the Form of an International Will
1973
ENDNOTES
NORTHERN TERRITORY OF AUSTRALIA
As in force at 1 January 2022
WILLS ACT 2000
An Act to clarify, amend and reform the law relating to the making,
alteration, revocation, rectification and construction of wills and for
related purposes
Part 1 Preliminary
1 Short title
This Act may be cited as the Wills Act 2000.
2 Commencement
This Act comes into operation on the date fixed by the Administrator
by notice in the Gazette.
3 Definitions
In this Act, unless the contrary intention appears:
Convention, for Part 5A, see section 48B.
Court means the Supreme Court.
disposition means a disposition by will and includes:
(a) a gift, devise or bequest of property under a will;
(b) the creation by will of a power of appointment affecting
property; and
(c) the exercise by will of a power of appointment affecting
property.
document means any paper or other material on which there is
writing.
internal law, for Part 5, see section 45.
international will, for Part 5A, see section 48B.
minor means a person who is less than 18 years of age.
Part 1 Preliminary
Wills Act 2000 2
prescribed person means a person prescribed under section 49(1)
to be a person with whom wills may be deposited or, if no such
person has been prescribed, the Public Trustee.
property includes:
(a) a contingent, executory or future interest in property;
(b) a right of entry or recovery of property; and
(c) a right to call for the transfer of title to property.
Public Trustee has the same meaning as in section 5 of the Public
Trustee Act 1979.
Registrar means the Registrar of the Supreme Court performing
the functions of the Registrar of Probates.
will includes a codicil and any other testamentary disposition.
4 Purpose
The purpose of this Act is to clarify, amend and reform the law
relating to the making, alteration, rectification, revocation and
construction of wills and to make particular provision for:
(a) the formalities required for the making, alteration and
revocation of wills and the dispensation of those requirements
in appropriate cases;
(b) the making of wills by minors and other persons lacking
testamentary capacity; and
(c) the effect of marriage and divorce on wills.
5 Application of Act
(1) Subject to this section, this Act applies only to wills executed on or
after the commencement of this Act.
(2) Subject to subsections (3) and (4), the Wills Act 1938 in force
immediately before the commencement of this Act continues to
apply to wills executed before the commencement of this Act.
(3) If:
(a) a person is divorced after the commencement of this Act; or
(b) a person's marriage is annulled after the commencement of
this Act,
Part 2 Capacity and formal requirements
Division 1 Capacity
Wills Act 2000 3
section 15 applies to the person's will (if any) whether the will was
executed before, on or after the commencement.
(4) If a testator dies on or after the commencement of this Act,
sections 6, 9, 10, 11, 12, 13, 27, 28, 29, 30, 31, 32, 33, 35, 36, 37,
42, 43 and 44 apply to his or her will whether it was executed
before, on or after that commencement.
Part 2 Capacity and formal requirements
Division 1 Capacity
6 Property that may be disposed of by will
(1) A person may dispose by will of property to which the person is
entitled at the time of his or her death.
(2) A person may dispose by will of property to which the personal
representative of that person becomes entitled by virtue of the
office of personal representative after the death of that person.
(3) Subsection (2) applies whether or not the entitlement of the person
or of the personal representative exists at the date of making the
will or at the time of the person's death.
(4) A person may not dispose by will of property of which the person is
trustee at the time of his or her death.
7 Minimum age for making will
(1) Subject to subsection (2) and Part 3, a will made by a minor is not
valid.
(2) A minor:
(a) may make a will in contemplation of marriage (and may alter
or revoke the will) but the will is of no effect if the marriage
contemplated does not take place;
(b) if he or she is married – may make, alter or revoke a will; and
(c) if he or she has been married – may revoke the whole or any
part of a will made while the minor was married or in
contemplation of his or her marriage.
Part 2 Capacity and formal requirements
Division 2 Execution of wills
Wills Act 2000 4
Division 2 Execution of wills
8 How wills should be executed
(1) A will is not valid unless:
(a) it is in writing and signed by the testator or by some other
person in the presence of and at the direction of the testator;
(b) the signature is made or acknowledged by the testator in the
presence of 2 or more witnesses present at the same time;
and
(c) at least 2 of those witnesses attest and sign the will in the
presence of the testator.
(2) It is not necessary for the 2 witnesses referred to in
subsection (1)(c) to attest and sign the will in the presence of each
other.
(3) The signature of the testator:
(a) must be made with the intention of executing the will; and
(b) is not required to be made at the foot of the will.
(4) It is not necessary for a will to have an attestation clause.
(5) If a testator purports to make an appointment by his or her will in
the exercise of a power of appointment by will, the appointment is
not valid unless the will is executed in accordance with this section.
(6) If:
(a) a power is conferred on a person to make an appointment by
a will that is to be executed in some particular manner or with
some particular solemnity; and
(b) the person exercises the power by a will that is in accordance
with this section and not in that manner or with that solemnity,
the exercise of the power is valid.
9 Witnesses need not know the contents of what they are
signing
A will that is executed in accordance with this Act is validly
executed even if one or more of the witnesses to the will did not
know that the document he or she attested and signed was a will.
Part 2 Capacity and formal requirements
Division 2 Execution of wills
Wills Act 2000 5
10 When Court may dispense with requirements for execution of
wills
(1) In this section, document means a record of information and
includes:
(a) anything on which there is writing;
(b) anything on which there are marks, figures, symbols or
perforations having a meaning for persons qualified to
interpret them;
(c) anything from which sounds, images or writings can be
reproduced with or without the aid of another thing or device;
and
(d) a map, plan, drawing or photograph.
(2) If the Court is satisfied that a deceased person intended a
document or part of a document that purports to embody the
testamentary intentions of the deceased person (but which is not
executed in the manner required by this Act) to constitute his or her
will or an alteration of his or her will or to revoke his or her will, the
document or part of the document constitutes the will of the
deceased person or an alteration of the will or revokes the will, as
the case requires.
(3) In forming its view whether a deceased person intended a
document or part of a document to constitute his or her will or an
alteration of his or her will or to revoke his or her will, the Court may
have regard (in addition to the document or a part of the document)
to any evidence relating to the manner of execution or the
testamentary intentions of the deceased person, including evidence
(whether or not admissible before the commencement of this
section) of statements made by the deceased person.
(4) This section applies to a document whether it came into existence
in or outside the Territory.
11 Persons who may not be witnesses to wills
A person who is not able to see and attest that a testator has
signed a document may not be a witness to a will.
Part 2 Capacity and formal requirements
Division 3 Revocation, alteration and revival of wills
Wills Act 2000 6
12 Can interested witnesses benefit from dispositions under
wills?
(1) Subject to subsection (2), if a beneficial disposition is given or made
by will to a person who is a witness to the will, the disposition is
void to the extent that it concerns the person or a person claiming
under him or her.
(2) A beneficial disposition is not void under subsection (1) if:
(a) at least 2 of the witnesses to the will are not persons to whom
a beneficial disposition is given or made by the will;
(b) all the persons who would benefit directly from the avoidance
of the disposition consent in writing to the distribution of the
disposition according to the will; or
(c) the Court is satisfied that:
(i) the testator knew and approved of the disposition; and
(ii) the disposition was given or made freely and voluntarily
by the testator.
Division 3 Revocation, alteration and revival of wills
13 How wills may be revoked
The whole or a part of a will may be revoked but only:
(a) in the circumstances in respect of revoking a will specified in
Division 1 or 2 of Part 3;
(b) by the operation of section 14 or 15;
(c) by a later will;
(d) by some writing declaring an intention to revoke the will,
executed in the manner in which a will is required to be
executed by this Act;
(e) by the testator, or another person in the testator's presence
and at the testator's direction, burning, tearing or otherwise
destroying the will with the intention of the testator of revoking
it; or
(f) by the testator, or another person in the testator's presence
and at the testator's direction, writing on the will or dealing
with the will in such a manner that the Court is satisfied from
the state of the will that the testator intended to revoke it.
Part 2 Capacity and formal requirements
Division 3 Revocation, alteration and revival of wills
Wills Act 2000 7
14 Effect of marriage on wills
(1) Subject to this section, a will is revoked by the marriage of the
testator.
(2) The marriage of a testator does not revoke the following:
(a) a disposition to the person to whom the testator is married at
the time of his or her death;
(b) an appointment as executor, trustee, advisory trustee or
guardian of the person to whom the testator is married at the
time of his or her death; and
(c) a will made in exercise of a power of appointment but only in
the case where the property appointed would not pass to the
executor, administrator or the Public Trustee if the power of
appointment was not exercised.
(3) A will made in contemplation of a marriage, whether or not that
contemplation is expressed in the will, is not revoked by the
solemnisation of that marriage.
(4) A will that is expressed to be made in contemplation of marriage
generally is not revoked by the solemnisation of a marriage of the
testator.
15 Effect of divorce etc. on wills
(1) In this section testator's spouse means the person who is the
testator's spouse immediately before the testator's marriage ends
by divorce or annulment.
(2) For the purposes of this section, a testator's marriage ends by
divorce or annulment:
(a) when a decree of dissolution of the testator's marriage
becomes absolute under the Family Law Act 1975 of the
Commonwealth;
(b) on the granting of a decree of nullity in respect of the testator's
marriage by the Family Court; or
(c) on the dissolution or annulment of the marriage in accordance
with the law of a place outside Australia, but only if that
dissolution or annulment is recognised in Australia under the
Family Law Act 1975 of the Commonwealth.
Part 2 Capacity and formal requirements
Division 3 Revocation, alteration and revival of wills
Wills Act 2000 8
(3) The divorce of a testator or annulment of his or her marriage
revokes:
(a) a beneficial disposition made by the testator to the testator's
spouse in a will in existence at the time of the divorce or
annulment;
(b) an appointment of the testator's spouse as an executor,
trustee, advisory trustee or guardian made by the will; and
(c) a grant made by the will of a power of appointment
exercisable by or in favour of the testator's spouse.
(4) Subsection (3) does not apply if a contrary intention appears in the
will or is otherwise established.
(5) The divorce of a testator or the annulment of his or her marriage
does not revoke:
(a) the appointment of the testator's spouse as trustee of property
left on trust for beneficiaries that include the spouse's children
by a will in existence at the time of the divorce or annulment;
or
(b) the grant made by the will of a power of appointment
exercisable by the testator's spouse exclusively in favour of
the children of whom both the testator and his or her spouse
are the parents.
(6) A will referred to in this section takes effect in respect of the
revocation by this section of a disposition, appointment or grant as
if the testator's spouse had died before the testator.
16 How wills may be altered
(1) An alteration made to a will after the will is executed is not effective
unless the alteration:
(a) is executed in a manner in which a will is required to be
executed by this Act;
(b) is made by a minor pursuant to an order of the Court made
under section 18(1) and is otherwise in accordance with
section 18;
(c) is made for and on behalf of a person without testamentary
capacity pursuant to an order of the Court made under
section 19(1) and is otherwise in accordance with Division 2 of
Part 3; or
Part 3 Wills made or rectified under court authorisation
Division 1 Wills made by minors
Wills Act 2000 9
(d) is a document that under section 10 the Court is satisfied
embodies testamentary intentions of a deceased person and
so constitutes an alteration to the will of the deceased person;
or
(e) obliterates words in the will so that their effect is no longer
apparent.
(2) In altering a will, it is sufficient compliance with the requirements for
execution if the signatures of the testator and of the witnesses to
the alteration are made:
(a) in the margin or on some other part of the will beside, near or
otherwise in relation to the alteration; or
(b) as authentication of a memorandum referring to the alteration
and written on the will.
(3) This section does not apply to an alteration to a will if the words or
effect of the will are no longer apparent because of the alteration.
17 How wills may be revived
(1) A will or a part of a will that has been revoked is revived by
re-execution or by execution of a will showing an intention to revive
the will or part.
(2) A will that has been revoked and is later wholly or partly revived is
to be taken to have been executed on the date on which the will or
part of the will is revived.
(3) If a will is partly revoked and later a part or the whole of the
remaining will is revoked, a will reviving the will revives only that
part of the will most recently revoked.
(4) Subsection (3) does not apply if a contrary intention appears in the
reviving will.
Part 3 Wills made or rectified under court
authorisation
Division 1 Wills made by minors
18 Court may authorise wills by minors
(1) The Court may, on application by or on behalf of a minor, make an
order authorising the minor to:
(a) make or alter a will in the terms approved by the Court; or
Part 3 Wills made or rectified under court authorisation
Division 1 Wills made by minors
Wills Act 2000 10
(b) revoke the whole or a part of the will of the minor.
(2) Before making the order the Court must be satisfied that:
(a) the minor understands the nature and effect of the proposed
will or alteration or revocation of the will and the extent of the
property disposed of by it;
(b) the proposed will or alteration or revocation of the will
accurately reflects the intentions of the minor; and
(c) it is reasonable in all the circumstances that the order should
be made.
(3) The Court may make an order under subsection (1) subject to the
terms and conditions the Court considers fit.
(4) A will or an instrument made pursuant to an order made under
subsection (1) that makes or alters or revokes the whole or a part of
a will is not valid unless:
(a) it is executed as required by this Act;
(b) one of the attesting witnesses is the Registrar; and
(c) it is made in accordance with the conditions of the order.
(5) After the will or instrument referred to in subsection (4) is executed,
the Registrar must:
(a) if the Registrar is a prescribed person – retain the will or
instrument; or
(b) in any other case – deposit the will or instrument with a
prescribed person,
and, on the will or instrument being retained by or deposited with a
prescribed person under paragraph (a) or (b), it is to be taken to
have been deposited with the prescribed person in accordance with
Part 6.
(6) A will made by a deceased minor is a valid will if it is made in
accordance with the law relating to wills of minors in force in the
place where the deceased was residing at the time of execution of
the will.
Part 3 Wills made or rectified under court authorisation
Division 2 Wills for persons without testamentary capacity
Wills Act 2000 11
Division 2 Wills for persons without testamentary capacity
19 Court may make certain orders regarding persons without
testamentary capacity
(1) The Court may, on application, make an order under this Division
authorising:
(a) the making or alteration of a will in the terms approved by the
Court; or
(b) the revocation of the whole or a part of a will,
for and on behalf of a person who lacks testamentary capacity.
(2) An order referred to in subsection (1)(a) may authorise:
(a) the making or alteration of a will that deals with the whole or
part only of the property of the person; or
(b) the alteration of part only of the will of the person.
(3) The Court must not make an order under this Division unless the
person in respect of whom the application is made is alive when the
order is made.
(4) The Court may make an order under this Division in respect of a
minor.
20 Leave of Court is required to make application
(1) A person must obtain the leave of the Court to make an application
to the Court for an order under this Division.
(2) In applying for the leave of the Court, the person must file at the
Court:
(a) a written statement of the general nature of the application for
the order and the reasons for making it;
(b) an estimate, to the extent that the person is aware, of the size
and character of the estate of the person in respect of whom
the application is proposed to be made (the proposed
testator);
(c) an initial draft of the proposed will, alteration or revocation to
be authorised by the order;
(d) evidence, to the extent that it is available, relating to the
wishes of the proposed testator;
Part 3 Wills made or rectified under court authorisation
Division 2 Wills for persons without testamentary capacity
Wills Act 2000 12
(e) evidence of the likelihood of the proposed testator acquiring or
regaining capacity to make a will at any future time;
(f) a will or a copy of a will of the proposed testator that is in the
person's possession or any details known to the person of a
will of the proposed testator;
(g) evidence of the interests, to the extent that they are known to
the person or can be discovered with reasonable diligence, of
a person who would be entitled to receive a part of the estate
of the proposed testator if he or she were to die intestate;
(h) evidence of any facts, to the extent that they are known to the
person or can be discovered with reasonable diligence,
indicating the likelihood of an application relating to the
proposed testator being made under the Family Provision
Act 1970;
(j) evidence of the circumstances, to the extent that they are
known to the person or can be discovered with reasonable
diligence, of a person for whom the proposed testator might
reasonably be expected to make provision under a will;
(k) a reference to any gift for a body, whether charitable or
otherwise, or for a charitable purpose that the proposed
testator might reasonably be expected to give or make by will;
and
(m) any other facts that the applicant considers to be relevant to
the application,
as the Court requires.
21 Court must be satisfied as to certain matters
The Court must refuse leave to make an application for an order
under this Division unless the Court is satisfied that:
(a) there is reason to believe that the proposed testator is or may
be incapable of making a will;
(b) the proposed will or alteration or revocation of a will is or might
be one that would have been made by the proposed testator if
he or she had testamentary capacity;
(c) it is or may be appropriate for an order authorising the making,
alteration or revocation of a will to be made for the proposed
testator;
Part 3 Wills made or rectified under court authorisation
Division 2 Wills for persons without testamentary capacity
Wills Act 2000 13
(d) the applicant is an appropriate person to make the application;
and
(e) adequate steps have been taken to allow representation of all
persons with a legitimate interest in the making of the
application, including persons who have reason to expect a
gift or benefit from the estate of the proposed testator.
22 Orders Court may make on application for leave
On hearing an application for leave to make an application for an
order under this Division, the Court may:
(a) refuse the application;
(b) adjourn the application;
(c) give directions, including directions about the attendance of a
person as a witness and, if it considers appropriate, the
attendance of the proposed testator;
(d) revise the terms of any initial draft of the proposed will,
alteration or revocation provided to the Court;
(e) grant the application on the terms it considers just; or
(f) if it is satisfied of the propriety of the application:
(i) allow the application for leave to proceed as an
application for an order under this Division authorising
the making, alteration or revocation of a will; and
(ii) allow the application for an order and make an order in
accordance with sections 19 and 23 authorising the
making, alteration or revocation of a will, as the case
requires.
23 Application for authorisation of making etc. of will
(1) In considering an application for an order under this Division
authorising the making, alteration or revocation of a will, the Court:
(a) may have regard to any information given to the Court in
support of an application for leave to make the application;
(b) may inform itself on any matter in the manner it considers fit;
and
(c) is not bound by the rules of evidence.
Part 3 Wills made or rectified under court authorisation
Division 2 Wills for persons without testamentary capacity
Wills Act 2000 14
(2) On hearing the application, the Court may, after considering the
outcome of the application for leave to make the application and
any further material or evidence it requires:
(a) refuse the application; or
(b) grant the application subject to the terms and conditions it
considers just.
24 Execution of will
A will or instrument altering or revoking a will pursuant to an order
under this Division is to be signed by the Registrar and sealed with
the seal of the Court.
25 Retention of will or instrument
(1) A will or instrument altering or revoking a will pursuant to an order
under this Division must be retained by a prescribed person and, on
being retained by a prescribed person, is to be taken to have been
deposited with the prescribed person in accordance with Part 6.
(2) Despite section 51, a will referred to in subsection (1) may not be
withdrawn from deposit with the prescribed person by or on behalf
of the person on whose behalf it was made unless:
(a) the Court makes an order under this Division authorising the
revocation of the will; or
(b) the person acquires or regains testamentary capacity.
(3) On being presented a copy of an order referred to in
subsection (2)(a), the prescribed person must comply with the
order.
26 Recognition of statutory wills
(1) In this section, statutory will means a will executed by virtue of a
provision of or under an Act of the Territory or another place on
behalf of a person who, at the time of execution, lacked
testamentary capacity.
(2) A statutory will made in accordance with the law in force in the
place where the deceased was residing at the time of execution of
the will is a valid will of the deceased.
Part 3 Wills made or rectified under court authorisation
Division 3 Rectification of wills by Court
Wills Act 2000 15
Division 3 Rectification of wills by Court
27 Court may rectify will
(1) If the Court is satisfied that a will does not carry out the intentions of
the testator because:
(a) a clerical error was made; or
(b) the will does not give effect to the testator's instructions,
the Court may make an order to rectify the will so it carries out the
testator's intentions.
(2) A person who wishes to make an application for an order under this
section must apply to the Court within 6 months after the date of the
death of the testator.
(3) The Court may, subject to subsection (4), extend the time within
which an application may be made if the Court thinks it is just.
(4) The Court may make an order extending the time for making the
application either before or after the 6 month period referred to in
subsection (2) expires but not if the final distribution of the estate
has been made.
(5) A personal representative who makes a distribution to a beneficiary
is not liable if:
(a) the distribution was made in accordance with section 55; or
(b) the distribution was made at least 6 months after the death of
the testator and at the time of making the distribution the
personal representative was not aware of any application in
respect of the estate having been made for rectification or
under the Family Provision Act 1970.
(6) If the Court makes an order for rectification under this section, the
Court:
(a) may direct that a certified copy of the order be attached to the
will to which it applies; and
(b) if it makes a direction under paragraph (a) – must retain the
will until the copy of the order is attached to it.
Part 4 Construction of will
Wills Act 2000 16
Part 4 Construction of will
28 What interests in property do wills dispose of?
If:
(a) a testator has made a will disposing of property; and
(b) after making the will but before his or her death – the testator
disposes of an interest in that property,
the will operates to dispose of any remaining interest the testator
has in that property.
29 When do wills take effect?
(1) A will takes effect in respect of property disposed of in the will as if
it had been executed immediately before the death of the testator.
(2) Subsection (1) does not apply if a contrary intention appears in the
will or elsewhere.
30 Effect of failure of dispositions
(1) If, and to the extent that, a disposition of property under a will (other
than a disposition by the exercise of a power of appointment) is
ineffective wholly or in part, the will takes effect as if the property or
the undisposed part of the property were part of the residuary
estate of the testator.
(2) Subsection (1) does not apply if a contrary intention appears in the
will or elsewhere.
31 Use of extrinsic evidence to clarify wills
(1) In proceedings to construe a will, evidence is admissible to
determine the meaning of the language used in the will to the extent
that the language used renders the will or a part of the will:
(a) meaningless;
(b) ambiguous on the face of the will; or
(c) ambiguous in the light of the surrounding circumstances.
(2) Except for the purposes of establishing the surrounding
circumstances referred to in subsection (1)(c), evidence admissible
under subsection (1) includes evidence of the testator's intention.
Part 4 Construction of will
Wills Act 2000 17
(3) Nothing in this section prevents evidence that is otherwise
admissible at law being admissible in proceedings to construe a
will.
32 Effect of change in testator's domicile
The construction of a will is not affected because of a change in the
testator's domicile after executing the will.
33 Income on contingent, future or deferred dispositions
A contingent, future or deferred disposition of property, whether
specific or residuary, is to be construed as including a disposition of
any intermediate income from the property that has not been
disposed of by will.
34 Beneficiaries must survive testator by 30 days
(1) If a testator makes a disposition to a person who dies within
30 days after the death of the testator, the testator's will is to take
effect as if the person had died immediately before the testator.
(2) Subsection (1) does not apply if a contrary intention appears in the
will.
(3) For the avoidance of doubt, a general requirement or condition that
a beneficiary survive the testator does not indicate a contrary
intention for the purposes of this section.
35 What do general dispositions of property include?
(1) A general disposition of all or the residue of the testator's property
or all or the residue of his or her property of a particular description:
(a) is a disposition of all such property over which the testator has
a general power of appointment exercisable by will; and
(b) operates as an exercise of that power.
(2) Subsection (1) does not apply if a contrary intention appears in the
will or elsewhere.
36 What do general dispositions of land include?
(1) A general disposition of land or of land in a particular area is to be
construed as including a disposition of leasehold land (whether or
not the testator owns freehold land).
(2) Subsection (1) does not apply if a contrary intention appears in the
will or elsewhere.
Part 4 Construction of will
Wills Act 2000 18
37 Effect of devise of real property without words of limitation
(1) A disposition of real property to a person without words of limitation
is to be construed as passing to the person the whole of the estate
or interest of the testator in the property.
(2) Subsection (1) does not apply if a contrary intention appears in the
will or elsewhere.
38 How dispositions to issue operate
(1) A disposition to a person's issue without limitation as to remoteness
is to be distributed to that person's issue in the same way as that
person's estate would be distributed if that person had died
intestate leaving only issue surviving.
(2) Subsection (1) does not apply if a contrary intention appears in the
will.
39 How requirements to survive with issue are to be construed
(1) If a disposition to a person is expressed to fail if there is:
(a) a want or failure of issue of that person either in his or her
lifetime or at his or her death; or
(b) an indefinite failure of issue of that person,
the words used are to be construed to mean a want or failure of
issue in the person's lifetime or at the person's death and not an
indefinite failure of his or her issue.
(2) Subsection (1) does not apply if a contrary intention appears in the
will unless the result would cause the disposition to fail.
40 Dispositions not to fail because issue have died before
testator
(1) Subject to this section, if:
(a) a person makes a disposition to an issue of the person;
(b) the disposition is not a disposition to which section 38 applies;
(c) the interest in property disposed is not determinable at or
before the death of the issue; and
(d) the issue does not survive the testator for 30 days,
the disposition is to be held on trust for the issue of the first-
mentioned issue who survive the testator for 30 days in the shares
Part 4 Construction of will
Wills Act 2000 19
they would have taken of the residuary estate of the first-mentioned
issue if the first-mentioned issue had died intestate leaving only
issue surviving.
(2) Subsection (1) applies to dispositions that are to an issue as an
individual or as a member of a class.
(3) Subject to subsections (4) and (5), subsection (1) does not apply if
a contrary intention appears in the will.
(4) For the purposes of subsection (3):
(a) a general requirement or condition that issue survive the
testator or attain a specified age does not indicate a contrary
intention; and
(b) a gift of a joint tenancy does not alone indicate a contrary
intention.
(5) If a condition is imposed on an original beneficiary and the
beneficiary fails to survive the testator for 30 days, the issue of the
beneficiary may not take under this section unless the original
beneficiary fulfilled the condition.
41 Construction of dispositions
(1) A disposition of the whole of the estate of a testator or the residue
of the estate of a testator that refers to only the real estate of the
testator or only the personal estate of the testator is to be construed
as including a disposition of both the real and personal estate of the
testator.
(2) If a part of a disposition in fractional parts of the whole or the
residue of the estate of a testator fails, that part passes to the part
that does not fail and, if there is more than one part that does not
fail, to all those parts proportionately.
(3) This section does not apply if a contrary intention appears in the
will.
42 Legacies to unincorporated associations of persons
(1) A disposition:
(a) to an unincorporated association of persons that is not a
charity;
(b) to or on trust for the aims, objects or purposes of an
unincorporated association of persons that is not a charity; or
Part 4 Construction of will
Wills Act 2000 20
(c) to or on trust for the present and future members of an
unincorporated association of persons that is not a charity,
has effect as a legacy or devise in augmentation of the general
funds of the association.
(2) Property that is or is to be taken to be a disposition in augmentation
of the general funds of an unincorporated association is to be:
(a) paid into the general fund of the association;
(b) transferred to the association; or
(c) sold or otherwise disposed of on behalf of the association and
the proceeds paid into the general fund of the association.
(3) If a personal representative pays money to an unincorporated
association under a disposition, the receipt of the Treasurer or like
officer of the association (however described) is an absolute
discharge for the payment.
(4) If a personal representative transfers property to an unincorporated
association under a disposition, the transfer of the property to a
person or persons designated in writing by any 2 persons holding
the offices of President, Chairperson, Treasurer or Secretary, or like
officers of the association (however described), is an absolute
discharge to the personal representative for the transfer of the
property.
(5) Subsections (3) and (4) do not apply if a contrary intention appears
in a will.
(6) It is not an objection to the validity of a disposition to an
unincorporated association of persons that a list of persons who
were members of the association at the time of the testator's death
cannot be compiled or that the members of the association have no
power to divide assets of the association beneficially among
themselves.
43 Can persons delegate, by will, power to dispose of property?
A power or trust created by will to dispose of property is not void on
the ground that it is a delegation of the testator's power to make a
will if the same power or trust, having been made by the testator by
instrument during his or her lifetime, would be valid.
44 Effect of referring to valuation in a will
(1) Unless, and to the extent that, a method of valuation is at the
relevant time required under a law in force in respect of a will
Part 5 Wills under foreign law
Wills Act 2000 21
(whether a law of the Territory or of another place) or is provided for
by a will, an express or implied requirement in a will that a valuation
of property be made or accepted for any purpose is to be construed
as if it were a reference to a valuation of the property:
(a) as at the date of the testator's death; and
(b) made by a competent valuer.
(2) Subsection (1) does not apply if a contrary intention appears in a
will.
Part 5 Wills under foreign law
45 Definition of internal law
In this Part, internal law, in relation to a place, means the law
applying in a case where no question of the law in force in any
other place arises.
46 General rule as to formal validity
(1) A will is properly executed if its execution conforms to the internal
law in force in the place:
(a) where it was executed;
(b) that was the testator's domicile or habitual residence either at
the time the will was executed or at the testator's death; or
(c) of which the testator was a national either at the date of
execution of the will or at the testator's death.
(2) A will executed on board a vessel or aircraft in conformity with the
internal law in force in the place with which the vessel or aircraft
may be taken to have been most closely connected having regard
to its registration and other relevant circumstances is properly
executed.
(3) A will that disposes of immovable property is properly executed to
the extent that it disposes of immovable property if it is executed in
conformity with the internal law in force in the place where the
property is situated.
(4) A will that revokes a will or a part of a will valid under this Act is
properly executed to the extent that it revokes the will or part if it is
executed in conformity with a law under which the will or part being
revoked is validly executed.
Part 5 Wills under foreign law
Wills Act 2000 22
(5) A will exercising a power of appointment is properly executed to the
extent that it exercises the power of appointment if it is executed in
conformity with the law governing the essential validity of the
power.
(6) A will to which this section applies that exercises a power of
appointment is not, to the extent that it exercises the power of
appointment, to be taken to be improperly executed because it has
not been executed in accordance with the formalities required by
the instrument creating the power of appointment.
47 Ascertainment of system of internal law
If there is more than one system of internal law in force in a place
that relates to the formal validity of a will, the system of internal law
that applies to the will is:
(a) if there is a rule in force throughout the place that indicates
which system of internal law applies to the will – the system of
law indicated by that rule; or
(b) if there is no rule indicating which system of internal law
applies – the system of internal law with which the testator
was most closely connected either:
(i) in the case where the matter is to be determined by
reference to circumstances prevailing at the time of the
death of the testator – at the time of his or her death; or
(ii) in any other case – at the time of the execution of the
will.
48 Construction of the law applying to wills under foreign law
(1) In determining whether a will has been executed in conformity with
a particular law, regard must be given to the formal requirements of
that law at the time of execution and, if that law is later altered,
account may be taken of that law as altered if it enables the will to
be treated as properly executed.
(2) If a law in force outside the Territory is applied to a will, a
requirement of that law that special formalities must be observed by
testators of a particular description or that witnesses to the
execution of the will must have certain qualifications is to be taken
to be a formal requirement only.
(3) Subsection (2) applies despite any rule of a law referred to in that
subsection to the contrary.
Part 5A International wills
Wills Act 2000 23
48A Part does not limit international wills provisions
This Part does not limit the operation of Part 5A.
Part 5A International wills
48B Definitions
In this Part:
Convention means the Convention providing a Uniform Law on the
Form of an International Will 1973 signed in Washington DC in the
United States of America on 26 October 1973.
international will means a will made in accordance with the
requirements of the Annex to the Convention.
48C Application of Convention
(1) The Annex to the Convention has the force of law in this
jurisdiction.
(2) A copy of the Annex to the Convention is set out in Schedule 2.
48D Persons authorised to act in connection with international
wills
(1) For this Part, the following persons are authorised to act in
connection with an international will:
(a) an Australian legal practitioner as defined in section 6(a) of the
Legal Profession Act 2006;
(b) a public notary of any Australian jurisdiction.
(2) A reference in the Annex to the Convention to a person authorised
to act in connection with international wills is a reference to:
(a) a person mentioned in subsection (1) who is acting in
Australia; or
(b) any other person who is acting as an authorised person under
a law of a state (other than Australia) that is a party to the
Convention.
Note for section 48D
This section gives effect to Articles II and III of the Convention.
Part 6 Deposit of wills with prescribed person
Wills Act 2000 24
48E Witnesses to international wills
The conditions requisite to acting as a witness to an international
will are governed by the law of this jurisdiction.
Note for section 48E
For the relevant provisions of this Act see Part 2, Division 2.
48F Application of Act to international wills
To avoid doubt, the provisions of this Act that apply to wills extend
to international wills.
Part 6 Deposit of wills with prescribed person
49 Prescribed person
(1) The Regulations may prescribe a person to be or more than one
person each to be a person with whom a will may be deposited
under this Part.
(2) In prescribing a person under subsection (1), the Regulations may:
(a) prescribe a person by name;
(b) prescribe a person by reference to the office, designation or
position held or occupied by the person; or
(c) prescribe a person as the person from time to time holding,
acting in or performing the duties of a named office,
designation or position.
(3) If, for whatever reason, there is no person prescribed under
subsection (1), the Public Trustee is the person with whom a will
may be deposited under this Part.
50 Will may be deposited with prescribed person
(1) A person may deposit a will with a prescribed person.
(2) A will is not to be deposited with a prescribed person unless it is in
a sealed envelope that has written on it:
(a) the testator's name and address (as they appear in the will);
(b) the name and address (as they appear in the will) of each
executor of the will;
(c) the date of the will; and
Part 6 Deposit of wills with prescribed person
Wills Act 2000 25
(d) the name of the person depositing the will.
(3) Subject to subsection (4), a will deposited with a prescribed person
must be accompanied by the prescribed fee.
(4) A person depositing a will with a prescribed person must pay the
prescribed fee unless:
(a) the will is deposited with the prescribed person:
(i) under Part 3; or
(ii) because a lawyer has died or has ceased or is about to
cease practising law in the Territory; or
(b) the fee is waived by the prescribed person in accordance with
the Regulations.
51 Delivery of will by prescribed person
(1) If a will has been deposited with a prescribed person under this Act,
the testator may at any time apply in writing to the prescribed
person to be given the will or to have the will given to another
person authorised in writing by the testator to receive it.
(2) On receiving the application under subsection (1), the prescribed
person must give the will to the testator or the person authorised by
the testator unless the testator is a minor or a person who lacks
testatmentary capacity.
(3) If a will has been deposited with a prescribed person and the
testator has died, an executor named in the will or a person who is
entitled to apply for letters of administration with the will annexed
may apply in writing to the prescribed person to be given the will.
(4) On receiving the application under subsection (3), the prescribed
person must give the will to the executor or other person or to a
legal practitioner or a trustee company within the meaning of the
Companies (Trustees and Personal Representatives) Act 1981
authorised in writing by the executor or other person.
(5) A prescribed person must make and retain or cause to be made
and retained an accurate copy of every will he or she gives to a
person under this section.
(6) If there is any doubt as to whom a prescribed person should give a
will, the prescribed person or any other person may apply to the
Court for directions as to whom the will should be given.
Part 7 Miscellaneous
Wills Act 2000 26
52 Examination of will by prescribed person
A prescribed person may examine a will to enable him or her to
comply with this Part.
53 Failure to retain will does not affect validity of will
If a prescribed person fails to retain a will as required by this Act,
his or her failure to retain the will does not affect the validity of the
will.
Part 7 Miscellaneous
54 Persons who are entitled to see will
(1) In this section, will includes a revoked will, a document purporting
to be a will, a part of a will and a copy of a will.
(2) A person who has possession or control of a will of a deceased
person must allow any one or more of the following persons to
inspect the will and make copies of the will at their own expense:
(a) a person named or referred to in the will, whether as a
beneficiary or otherwise;
(b) the surviving spouse or issue of the deceased person;
(c) a parent or a guardian of the deceased person;
(d) a person who would be entitled to a share of the deceased
person's estate if the deceased person had died intestate;
(e) a creditor or other person having a claim at law or in equity
against the deceased person's estate;
(f) a beneficiary of a prior will of the deceased person;
(g) a parent or guardian of a minor referred to in the will or a
minor who would be entitled to a share of the deceased
person's estate if the deceased person had died intestate.
(3) A person who has possession or control of a will of a deceased
person must produce it in a court if required to do so.
55 Personal representative may make maintenance distribution
within 30 days
(1) If a surviving person who is wholly or substantially dependent on a
deceased person has an entitlement under the deceased person's
will that does not become absolute until 30 days after his or her
Part 7 Miscellaneous
Wills Act 2000 27
death, the deceased person's personal representative may make a
distribution for the maintenance, support or education of the
surviving person before the 30 day period expires.
(2) A personal representative who makes a distribution under
subsection (1) is not liable if the distribution was made in good faith.
(3) The personal representative may make a distribution under
subsection (1) even if he or she knows at the time of making the
distribution of a pending application under the Family Provision
Act 1970 in respect of the estate of the deceased person.
(4) Subject to subsection (5), a sum distributed under subsection (1) is
to be deducted from the share of the estate to which the person
receiving the distribution becomes entitled.
(5) If a person to whom a distribution is made under subsection (1)
does not survive the deceased person for 30 days, the distribution
is to be taken to be an administration expense.
56 Regulations
(1) The Administrator may make regulations, not inconsistent with this
Act, prescribing matters that are:
(a) required or permitted by this Act to be prescribed; or
(b) necessary or convenient to be prescribed for carrying out or
giving effect to this Act.
(2) Without limiting the generality of subsection (1), the Regulations
may:
(a) prescribe the manner of giving public notice of a person who is
prescribed under section 49(1) to be a person with whom wills
may be deposited;
(b) prescribe the procedures for the transfer to a prescribed
person of wills deposited under Part 6 with the Public Trustee
or other person who is no longer a prescribed person;
(c) prescribe the fee payable under section 50 in respect of a will
or testator or a class of will or testator and may authorise a
prescribed person to waive the payment of a fee payable in
respect of a will or class of will;
(d) provide for the keeping and maintenance of an index of wills
deposited with a prescribed person and the making available
of the index of wills for a member of the public to search; and
Part 7 Miscellaneous
Wills Act 2000 28
(e) provide for the destruction of or other dealing with a will that
remains deposited with a prescribed person after the death of
the testator whose will it is.
57 Repeal
The Acts specified in the Schedule are repealed.
58 Savings
(1) In this section, repealed Act means the Wills Act 1938 in force
before the commencement of this Act.
(2) Subject to the appearance of a contrary intention, a reference in an
Act, an instrument of a legal or administrative character or any
other document to the repealed Act or a provision of the repealed
Act is, on the commencement of this Act, to be taken to be and to
have effect as if it were a reference to this Act or the provision of
this Act (if any) that re-enacts, whether with or without modification,
the provision of the repealed Act.
Schedule Repealed Acts
Wills Act 2000 29
Schedule Repealed Acts
section 57
ACTS OF THE NORTHERN TERRITORY
Wills Ordinance 1938 Act No. 4, 1938
Wills Ordinance 1969 Act No. 16, 1969
Wills Amendment Act 1984 Act No. 43, 1984
Wills Amendment Act 1985 Act No. 16, 1985
Wills Amendment Act 1987 Act No. 13, 1987
IMPERIAL ACT
An Act for the amendment of the 7 Will 4 and 1Vic., c.26
laws with respect to wills
Schedule 2 Annex to Convention providing a Uniform Law on the Form of an International
Will 1973
Wills Act 2000 30
Schedule 2 Annex to Convention providing a Uniform Law
on the Form of an International Will 1973
Section 48C(2)
ANNEX
UNIFORM LAW ON THE FORM OF AN INTERNATIONAL WILL
Article 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 hereafter.
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
The will shall be made in writing.
It need not be written by the testator himself.
It may be written in any language, by hand or by any other means.
Article 4
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.
The testator need not inform the witnesses, or the authorized person,
of the contents of the will.
Article 5
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.
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.
Schedule 2 Annex to Convention providing a Uniform Law on the Form of an International
Will 1973
Wills Act 2000 31
3. The witnesses and the authorized person shall there and then attest
the will by signing in the presence of the testator.
Article 6
The signatures shall be placed at the end of the will.
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
The date of the will shall be the date of its signature by the authorized
person.
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.
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)
I, ............................ (name, address and capacity), a person authorized
to act in connection with international wills
Certify that on ......................... (date) at ......................... (place)
(testator) ............................. (name, address, date and place of birth) in
my presence and that of the witnesses
(a)............................................ (name, address, date and place of birth)
(b)............................................ (name, address, date and place of birth)
Schedule 2 Annex to Convention providing a Uniform Law on the Form of an International
Will 1973
Wills Act 2000 32
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)
(b) the witnesses and I have signed the will;
*(c) each page of the will has been signed by ................................. and
numbered;
(d) I have satisfied myself as to the identity of the testator and of the
witnesses as designated above;
(e) the witnesses met the conditions requisite to act as such according
to the law under which I am acting;
*(f) the testator has requested me to include the following statement
concerning the safekeeping of his will:
.................................................................................................................
PLACE
DATE
SIGNATURE and, if necessary, SEAL
Article 11
The authorized person shall keep a copy of the certificate and deliver another
to the testator.
Article 12
In the absence of evidence to the contrary, the certificate of the authorized
person shall be conclusive of the formal validity of a will under this Law.
Article 13
The absence or irregularity of a certificate shall not affect the formal validity of
a will under this Law.
Schedule 2 Annex to Convention providing a Uniform Law on the Form of an International
Will 1973
Wills Act 2000 33
Article 14
The international will shall be subject to the ordinary rules of revocation of
wills.
Article 15
In interpreting and applying the provisions of this law, regard shall be had to
its international origin and to the need for uniformity in its interpretation.
To be completed if appropriate
ENDNOTES
Wills Act 2000 34
ENDNOTES
1 KEY
Key to abbreviations
amd = amended od = order
app = appendix om = omitted
bl = by-law pt = Part
ch = Chapter r = regulation/rule
cl = clause rem = remainder
div = Division renum = renumbered
exp = expires/expired rep = repealed
f = forms s = section
Gaz = Gazette sch = Schedule
hdg = heading sdiv = Subdivision
ins = inserted SL = Subordinate Legislation
lt = long title sub = substituted
nc = not commenced
2 LIST OF LEGISLATION
Wills Act 2000 (Act No. 59, 2000)
Assent date 14 November 2000
Commenced 1 March 2001 (Gaz G48, 6 December 2000, p 3)
Statute Law Revision Act (No. 2) 2001 (Act No. 62, 2001)
Assent date 11 December 2001
Commenced 11 December 2001
Statute Law Revision Act 2005 (Act No. 44, 2005)
Assent date 14 December 2005
Commenced 1 March 2001 (s 2(1))
Legal Profession (Consequential Amendments) Act 2007 (Act No. 7, 2007)
Assent date 17 May 2007
Commenced s 10: 1 July 2007 (Gaz G26, 27 June 2007, p 3);
rem: 17 May 2007
Wills Amendment (International Wills) Act 2013 (Act No. 42, 2013)
Assent date 19 December 2013
Commenced 10 March 2015 (Gaz G6, 11 February 2015, p 6)
Interpretation Amendment Act 2021 (Act No. 28, 2021)
Assent date 15 December 2021
Commenced 1 January 2022 (s 2)
3 GENERAL AMENDMENTS
General amendments of a formal nature (which are not referred to in the table
of amendments to this reprint) are made by the Interpretation Legislation
Amendment Act 2018 (Act No. 22, 2018) to: ss 1, 3, 5, 20, 27, 48D, 51, 55
and 58.
ENDNOTES
Wills Act 2000 35
4 LIST OF AMENDMENTS
s 3 amd No. 42, 2013, s 4
s 5 amd No. 62, 2001, s 14
s 15 amd No. 28, 2021, s 20
s 40 amd No. 44, 2005, s 33
s 48 ins No. 42, 2013, s 5
pt 5A hdg ins No. 42, 2013, s 5
ss 48B – 48F ins No. 42, 2013, s 5
s 50 amd No. 7, 2007, s 16
sch 1 hdg amd No. 42, 2013, s 6
sch 2 ins No. 42, 2013, s 7