Access to wills - 9.1-9.11
documents to which access should be given - 9.8-9.11
. -
Ademption - 9.12-9.19
. -
Age of capacity see Testamentary capacity
. -
Alteration of a will
by minor when no longer married - 2.6-2.9
formal requirements - 4.17-4.18
on behalf of person lacking testamentary capacity - 5.12-5.43
when minor may make - 2.3
. -
Anti-lapse rule - 6.64-6.91
. -
Associations, unincorporated see Unincorporated associations
. -
Attestation clause
not essential - 3.1
. -
Beneficiaries
consent by, to allow interested witnesses to take - 3.21, 3.42-3.46
entitlement of beneficiaries of prior wills to see will - 9.7
entitlement of parents/guardians of minor beneficiaries to see will - 9.7
entitlement of potential beneficiaries to see will - 9.3-9.5
maintenance and advancement of minor substitutionary beneficiary - 6.92-6.97
must survive testator by 30 days - 6.44-6.47
of a deferred residuary gift - 6.39-6.43
when interested witnesses - 3.17-3.50
. -
Blind persons
unable to act at witnesses - 3.15-3.16
. -
Capacity to make will see Testamentary capacity
. -
Children see Minors
. -
Codicil see also Will, and Alteration of a will
included in term “will” - 1.5
revival of will by - 4.19-4.20
. -
Commencement
of model wills legislation - 1.1
of provision dealing with wills in contemplation of marriage - 4.14
. -
Construction of wills
beneficiaries must survive testator by 30 days - 6.44-6.47
construction of dispositions - 6.97-6.105
delegation of power to dispose of property - 6.110-6.113
dispositions not to fail because issue have died before testator - 6.64-6.97
effect of a change in testator’s domicile - 6.37-6.38
effect of devise of real property without words of limitation - 6.56-6.57
effect of failure of a disposition - 6.14-6.19
effect of non-fulfilment of a contingency required by the will - 6.87-6.88
effect of referring to a valuation in a will - 6.114-6.116
general disposition of land - 6.53-6.55
general disposition of property - 6.48-6.52
general rules - 6.1-6.7
gift to issue as “joint tenants” - 6.75-6.86
how dispositions to issue operated - 6.58-6.59
income on contingent, future or deferred dispositions - 6.39-6.43
interest in property disposed of by will - 6.8-6.9
legacies to unincorporated associations of persons - 6.106-6.109
maintenance and advancement of minor substitutionary beneficiary - 6.92-6.97
requirements to survive with issue - 6.60-6.63
the position of unmarried minor issue - 6.89-6.91
use of extrinsic evidence to clarify a will - 6.20-6.36
when a will takes effect - 6.10-6.13
. -
Contemplation of marriage see Marriage
Contingency
effect of non-fulfilment of a contingency required by the will - 6.87-6.88
. -
Country
defined for purposes of recognition of will made in foreign jurisdiction - 7.5, 7.9
. -
Court
definition - 1.5, 1.6
. -
Court authorised wills
wills by minors - 5.1-5.11, 5.32-5.35
wills for persons without testamentary capacity - 5.12-5.45
wills for persons without testamentary capacity who have died - 5.22-5.28
. -
Defacto partners see also Spouses
and interested witness rule - 3.39-3.41
as persons entitled to be maintained - 9.24
of minors - 5.4
. -
Definitions see also listings for individual terms
in model wills legislation - 1.5-1.8
. -
Delegation
of power to dispose of property - 6.110-6.113
. -
Dispensing power
definition of “document” for the purposes of - 1.8, 3.12
requisite standard of proof - 3.8-3.11
when court may dispense with formal requirements - 3.6-3.14
. -
Dispositions
construction of dispositions - 6.97-6.105
definition - 1.5
delegation of power to dispose of property - 6.110-6.113
effect of failure of disposition on will - 6.14-6.19
general dispositions of land - 6.53-6.55
general dispositions of property - 6.48-6.52
how dispositions to issue operate - 6.58-6.59
income on contingent, future or deferred dispositions - 6.39-6.43
. -
Distributions, maintenance see Maintenance distributions
. -
Divorce see also Marriage
effect of divorce on a will - 4.15-4.16
. -
Document
definition (for dispensing power) - 3.12-3.13
definition (general) - 1.5, 1.7, 1.8
. -
Domicile
effect of change in testator’s domicile - 6.37, 6.38
Evidence, extrinsic see Extrinsic evidence
. -
Execution of a will
change in testator’s domicile following - 6.37-6.38
requirements for will by minor - 5.1, 5.5
requirements for will on behalf of a person without testamentary capacity - 5.13, 5.36
requirements under foreign law - 7.1-7.12
requirements where testator has general power of appointment - 6.50
requirements, general - 3.1, 3.2, 3.3-3.5
. -
Executors see Personal representatives
. -
Extrinsic evidence
use of to clarify will - 6.20-6.36
to establish contrary intention - 6.2, 6.75
of contemplation of particular marriage - 4.12, 4.16
. -
Foreign law
recognition of wills in other jurisdictions-wills by minors - 5.8-5.9
wills for persons without testamentary capacity - 5.39-5.40
recognition of wills made in other jurisdictions - 7.1-7.12
. -
Intention
contrary intention, clauses subject to - 4.16, 4.19, 4.20, 6.1-6.3,6.5-6.7, 6.13, 6.19, 6.52, 6.55, 6.57, 6.75, 6.86, 6.92, 6.99
document purporting to embody testamentary intention - 3.6, 3.8, 3.13
forms of recording intention of testator - 1.8
of minor - 5.1
of person without testamentary capacity - 5.13, 5.46, 5.47, 5.49
shown in previously revoked will - 9.8
to execute a will - 3.1
to revive a will - 4.19, 4.20
to revoke a will - 4.1-4.3, 4.5
. -
Interested witnesses see Witnesses
. -
Intestacy
avoidance of partial intestacy - 6.1, 6.15, 6.41, 6.99
. -
Internal law
definition for purposes of recognition of wills made in other jurisdictions - 7.5, 7.8
. -
Issue
dispositions not to fail because issue have died before -
testator - 6.64-6.97
entitled to see will - 9.1
how dispositions to issue operate - 6.58-6.59
position of unmarried minor issue - 6.89-6.91
requirements to survive with issue - 6.60-6.63
. -
Joint tenants
gift to issue as - 6.75-6.86
. -
Legacies
in satisfaction of prior debt - 6.20
property subject of specific legacies - 9.15-9.19
to unincorporated associations - 6.106-6.109
whether legacies carry intermediate income - 6.39-6.43
. -
Letters of administration see Probate
. -
Maintenance distributions
personal representatives may make within 30 days - 9.20-9.29
. -
Marriage see also Divorce
effect of marriage on a will - 4.7-4.14
will by minor in contemplation of marriage - 2.3, 2.10-2.11
will by minor who is no longer married - 2.6-2.9
will in contemplation of marriage - 4.9-4.13
. -
Minors
court authorised wills for - 5.1-5.11, 5.32-5.35
definition - 1.5
maintenance and advancement of minor substitutionary beneficiaries - 6.92-6.96
position of unmarried minor issue - 6.89-6.91
when a minor can make a will - 2.3, 2.6, 2.7
when a minor can revoke or alter a will - 2.6-2.9
wills by minors in contemplation of marriage - 2.10, 2.11
wills by minors who are no longer married - 2.6-2.9
. -
Partial intestacy see Intestacy
. -
Personal representatives
documents to be brought to court for probate purposes - 9.8
may make maintenance distributions within 30 days - 6.47, 9.20-9.29
. -
Place
defined for purpose of recognition of will made in foreign jurisdiction - 7.5, 7.9
. -
Probate
admission to probate in one jurisdiction of will by minor made in another jurisdiction - 5.8, 5.9
admission to probate in one jurisdiction of will made on behalf of person without testamentary capacity in another jurisdiction - 5.39, 5.40
definition - 1.5
effect of admission to - 9.3, 9.4
. -
Property see also Real property
definition - 1.6
general disposition of property - 6.48 - 6.52
that may be disposed of by will - 2.1
. -
Purpose
in model wills legislation - 1.3
. -
Real property
effect of devise of real property without words of limitation - 6.56-6.57
general disposition of land - 6.53-6.55
Recognition of wills in other jurisdictions
wills by minors - 5.8-5.9
wills for persons lacking testamentary capacity - 5.39-5.40
. -
Recognition of wills made in foreign jurisdictions - 7.1-7.12
. -
Rectification of a will - 5.46-5.50
. -
Registrar
definition - 1.6
deposit of wills with - 8.1, 8.2
jurisdiction with respect to dispensing power - 3.6, 3.14
jurisdiction with respect to minors - 5.10-5.11
jurisdiction with respect to persons without testamentary capacity - 5.43-5.45
retention of wills by minors - 5.5-5.7
retention of wills for persons without testamentary capacity - 5.36-5.38
. -
Revival of a will - 4.19, 4.20
. -
Revocation of a will
by minor when no longer married - 2.6-2.9
effect of divorce - 4.15-4.16
effect of marriage - 4.7-4.14
requirements for - 4.1-4.6
when minor may effect - 2.3
. -
Spouses see also Defacto partners
children of surviving spouse - 4.16
definition of, in context of divorce - 4.15
distribution to surviving spouse - 9.20, 9.21, 9.24, 9.25
spouse of testator unable to witness will - 3.17, 3.37-3.41
surviving spouse entitled to see will - 9.1
. -
Statutory wills see Court authorised wills
. -
Survival
by beneficiaries by 30 days - 6.44-6.47
requirements of survival with issue - 6.60-6.63
. -
Testamentary capacity - 2.1-2.11
age of capacity - 2.4
court authorised wills by minors - 5.1-5.11, 5.32-5.35
wills by minors - 2.3-2.11
wills for persons without testamentary capacity - 5.12-5.45
. -
Testator see also Testamentary capacity, marriage, divorce, and intention
effect of change in domicile on will - 6.37, 6.38
forms of recording intention of testator - 1.8
use of extrinsic evidence to determine intention of testator - 6.20-6.36
. -
Testamentary disposition see will
. -
Unincorporated associations
legacies to - 6.106-6.109
. -
Valuation
effect of referring to valuation in a will - 6.114-6.116
. -
Will see also Access to wills, Alteration of a will, Construction of wills, Execution of a will, Rectification of a will, Revival of a will, and Revocation of a will
by minor who is no longer married - 2.6-2.9
by minor, in contemplation of marriage - 2.3, 2.10-2.11
definition - 1.5
persons entitled to see a will - 9.1-9.10
. -
Witnesses
attestation by - 3.1, 3.2
awareness that document signed is a will - 3.3-3.5
interested witnesses - 3.17-3.50
persons who cannot see - 3.15, 3.16
registrar as witness to wills by minors - 5.1
. -
Writing
as requirement for revocation - 4.1-4.3
effect of admission of extrinsic evidence on requirement of writing - 6.22
requirement of - 1.8, 3.1
