1 Name of Act
2 Commencement
3 Definitions
Part 2.1 The making, alteration, revocation and revival of wills
4 What property may be disposed of by will?
5 Minimum age for making a will
6 How should a will be executed?
7 Must witnesses know that they are signing a will?
Division 3 Dispensing with requirements for execution, alteration or revocation of a will
8 When may the Court dispense with the requirements for execution, alteration or revocation of wills?
9 Persons who cannot act as witnesses to wills
10 Can an interested witness benefit from a disposition under a will?
Division 5 Revocation, alteration and revival of a will
11 When and how can a will be revoked?
12 Effect of marriage on a will
13 What is the effect of divorce or an annulment on a will?
14 How a will may be altered
15 How a revoked will may be revived
Part 2.2 Wills made or rectified under Court authorisation
16 Court may authorise minor to make, alter or revoke a will
17 Will made by minor under an order of a foreign court
Division 2 Court authorised wills for persons who do not have testamentary capacity
18 Court may authorise a will to be made, altered or revoked for a person without testamentary capacity
19 Information required in support of application for leave
20 Hearing of application for leave
21 Hearing an application for an order
22 Court must be satisfied about certain matters
23 Execution of will made under order
24 Retention of will
25 Separate representation of person lacking testamentary capacity
26 Recognition of statutory wills
Division 3 Rectification of wills by Court
27 Court may rectify a will
28 Protection of personal representatives who distribute as if will had not been rectified
Part 2.3 Construction of wills
Division 1 General rules about construction of wills
29 What interest in property does a will dispose of?
30 When a will takes effect
31 Effect of failure of a disposition
32 Use of extrinsic evidence to construe wills
33 Effect of a change in testator’s domicile
34 Income on contingent, future or deferred dispositions
35 Beneficiaries must survive testator by 30 days
Division 2 Construction of particular provisions in wills
36 What a general disposition of land includes
37 What a general disposition of property includes
38 Effect of devise of real property without words of limitation
39 How dispositions to issue operate
40 How are requirements to survive with issue construed?
41 Dispositions not to fail because issue have died before testator
42 Construction of residuary dispositions
43 Dispositions to unincorporated associations of persons
44 Can a person, by will, delegate the power to dispose of property?
45 Effect of referring to a valuation in a will
46 Operation of wills relating to transgender persons
Part 2.4 Wills under foreign law
47 Definition of “internal law”
48 General rule as to the validity of a will executed in a foreign place
49 Deciding system of law to apply if more than one system of law
50 Construction of the law applying to wills under foreign law
Part 2.5 Deposit of and access to wills
51 Will may be deposited with Registrar
52 Delivery of wills by Registrar
53 Failure to retain does not affect validity of will
54 Persons entitled to inspect will of deceased person
Part 3.1 Application of Chapter
55 Interpretation
56 Chapter to bind Crown
Part 3.2 Family provision orders
Division 1 Applications for family provision orders
57 Eligible persons
58 When an application may be made
Division 2 Determination of applications
59 When family provision order may be made
60 Matters to be considered by Court
61 Other possible applicants
62 Interim family provision orders and orders restraining distribution of the estate
Division 3 Property that may be used for family provision orders
63 Property that may be used for family provision orders
64 Orders may affect property in or outside jurisdiction
Division 4 General provisions relating to family provision orders
65 Nature of orders
66 Consequential and ancillary orders
67 Undertakings to restore property
68 Payment for exoneration from liability for orders
69 Effect of order vesting property in estate
70 Variation and revocation of family provision orders
71 Variation and revocation of other orders
72 Effect of family provision order
73 Application
Part 3.3 Notional estate orders
Note
Division 1 Relevant property transactions
74 Definition
75 Transactions that are relevant property transactions
76 Examples of relevant property transactions
77 When relevant property transactions take effect
Division 2 When notional estate orders may be made
78 Notional estate order may be made only if family provision order or certain costs orders to be made
79 Notional estate order may be made where property of estate distributed
80 Notional estate order may be made where estate affected by relevant property transaction
81 Notional estate order may be made where estate affected by subsequent relevant property transaction
82 Notional estate order may be made where property of deceased transferee’s estate held by legal representative or distributed
83 Disadvantage and other matters required before order can be made
84 Effect of notional estate order
85 More than one notional estate order may be made
86 Power subject to Division 3
Division 3 Restrictions and protections relating to notional estate orders
87 General matters that must be considered by Court
88 Estate must not be sufficient for provision or order as to costs
89 Determination of property to be subject to notional estate order
90 Restrictions on out of time or additional applications
91 Grant of probate or administration to enable application to be dealt with
92 Substitution of property affected by orders or proposed orders
93 Protection of legal representative who distributes after giving notice
94 Protection of legal representative in other circumstances
95 Release of rights under Chapter
96 Revocation of approval of release
97 Court may determine date of death
98 Mediation, orders with consent and costs
99 Costs
100 Evidence
101 Definitions
102 Intestate
103 Entitlement to the whole of the intestate estate
104 Spouse
105 Domestic partnership
106 Spouse’s statutory legacy
107 Survivorship
108 General limitation of non-spousal entitlements
109 Adoption
109A Surrogacy arrangements
Part 4.2 Spouse’s entitlements
Note
Division 1 Entitlement of surviving spouse
110 Application of this Division
111 Spouse’s entitlement where no issue
112 Spouse’s entitlement where issue are also issue of the spouse
113 Spouse’s entitlement where any issue are not issue of the spouse
Division 2 Spouse’s preferential right to acquire property from the estate
114 Application of this Division
115 Spouse’s right of election
116 Notice to be given to spouse of right of election
117 Time for making election
118 How election to be made
119 Basis of the election
120 Exercise price—how satisfied
121 Restriction on disposal of property from intestate estate
122 Spouses’ entitlement where there are more than one spouse but no issue
123 Spouses’ entitlement where issue are also issue of one or more of the spouses
124 Spouses’ entitlement where any issue are not issue of a surviving spouse
125 Sharing between spouses
126 Distribution orders
Part 4.3 Distribution among relatives
Note
127 Entitlement of children
128 Parents
129 Brothers and sisters
130 Grandparents
131 Aunts and uncles
132 Entitlement to take in separate capacities
Part 4.4 Indigenous persons’ estates
133 Application for distribution order
134 Distribution orders
135 Effect of distribution order under this Part
Part 4.5 Absence of persons entitled
136 Intestate leaving no persons entitled
137 State has discretion to make provision out of property to which it becomes entitled
138 Non-deferral of the interest of a minor
139 Effect of disclaimer etc
140 Effect of testamentary and other gifts
141 Service of documents
142 Rules of Court
143 Regulations
144 Savings, transitional and other provisions
145 Review of Act