Statues Flashcards
Sec 1 will’s Act 1968
Gifts to witness beneficiaries can be saved if 2 non beneficiary witnesses can be found
Sec9 wills act 1837
Formalities
In writing
Signed by testator and in presence of at least 2 witnesses
Sec 11 wa 1837
Privileged wills Over 14 Soldiers and airman in actual service Mariners or seamen at sea Members of HM navel or Marine Service in actual military service
Sec 15 wa 1837
Witnesses can not be beneficiaries (or spouse of beneficiaries) except if adhere with s1 wills act 1968
Sec 18 A WA 1837
Marriage automatically revoked any previous will
Sec 18 (3) WA 1837
Will not revoked by marriage if made in contemplation of marriage. Person must be named
Sec 18C WA 1837
Divorce - any apportionment to a partner in a will is automatically revoked on dissolution of a marriage/civil partnership
Sec 20 WA 1837
Revocation by any other method other than marriage is voluntary
Sec 21 WA 1837
Plight and condition
If plight or condition in doubt an affidavit may be required
Sec 24 WA 1837
Property - speaks from date of death
People - speaks from date of writing
Sec 33 WA 1837
Gift to a beneficiaries fail if beneficiary dies before the testator however sec 33 allows gift to be saved if the beneficiary is a direct descendant to the testator and who has issue of their own