Wills Act 1862 (SA)

ANNO VICESIMO QUINTO ET VICESIN0 SEXTO

'VICTORIB REGIN*fl,

A. D. 1862.

No. 15.

An Act to assimilate the Law of the Province of South Australia, with respect to Wills, to the preseat Law of England on the

same subject.

[Assented to, 21st October, 1862.

HEREAS an Act of the Imperial Parliament of Great Erita,in fieamble.

W and Ircland was passed in the first year of the reign of i v i c t. , ~. 2s.

Her present Majesty, intituled 'LAn Act for the amendment of the

Laws with respect to Wills," and such Act was adopted iu South Australia by an Act of the fifth year of the reign of Her Majesty,

No. 16; and whereas an Act of the said Imperial Parliament was 6 net., NO. 16.

passed in the 15th year of the reign of Her Majesty, intituled An

Act for the amendment of an Act passed in the first year of the 15 vie.,	zr.
reign of Her Majesty Qucon Victoria, intituled L An Act for the amendment of the Laws with respect to Wills,"' and it is expedient to adopt the provisions of the last-mentioned Act in the adminis- tration of Justice in South Australia-Be i t therefore Enacted, by the Governor-in-Chief of the Province of South Australia, with the advice and consent of the Legislative Council and House of Assembly of the said Province, in tlhs present Parliament assembled,
as follows:

1. Where by the first-mentioned Act it is enacted that no will m e n s i g n a b to a

shall be valid unless it shall be signed at the foot or end thereof	will to bo deemed
by the testator, ox by some other person in his presence and by his direction; 'every will shall, so far only as regards the position of the signature of the testator, or of the person signing for him, as aforesaid, be deemed to be valid within the said enactment as
explained by this Act, if the signature shall be so placed at, or

z after

after, or following, or under, or beside, or opposite to the end of the will, that it shall be apparent on the facc of the will that the testator intended to give effect by such his signature to the writing signed as his will; and no such will shall be affected

by the circumstance that the signature &all not follow, or be

immediately after the foot or end of the will, or by the circum- stance that a blank space shall intervene between the concluding word of the will and the signature, or by the circumstance that the signature shall be placed amon5 the words of the testimonium clause, or of the clause of attestation, or shall follow or be after or under the clause of attestation either with or without a blank space intervening, or shall follow, or be after, or under, or beside the namcs or one of the names of the subscribing witnesses, or by the circumstance that the signature shall be on n side or page or other portion of the paper or papers containing the will whereon m clause or paragraph, or disposing part of the will shall be written above the signatum, or by the circumstance that there shall appear to be sufficient space on or at the bottom of the preceding side or

page, or other portion of the same paper on which the will is

written to contain the signature; and the enumeration of the above circumstancas shall not restrict the generality of the above euact- meat; but no signature under the first-mentioaed Act or this Act shall. be operative to give effect to any disposition or direction which is underneathor which follows itl nor sl-rall it give effect to any disposidon or direction inserted after the signature shall bemade.

Retrospective opera-

tion of thia Act.	2. The provisions of this Act shall extend and be applied to every will already made affecting any property in the said Province, or over which thc Supreme court may have any ir~risdiction,
where administration 4 probate has n6t been algea%y ganted;
or ordered, in consequence of the defective execntion of such will,
or where the property, not being witbill t>he Ecclesiastical Juris- diction of the said Court has not been possessed, or enjoyed, by some person or persons claiming to be entitled thereto, in conse- quence of the defective execution of such will, or the right thercto
than the persons claiming under tlm will, by a court of competent shall not have been decided to be in some other person or persons,
jurisdiction, in consequence of the defective execution of such will.

Dehit ion of ~ i. " 3. The word "Will," shall, in the constrwtion of this Act, be

interpreted in like manner as the same is directed to bc interpreted under the provisions in this bdlalf contained in the first-mentioned

Act.

Short title.	4.	This Act may be cited as the " Wills Amendment Act, 1862."
In the name and on behalf of the Queen I hereby assent to

this Act.

D. DALY, Governor.

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Adelaide: Printeci by authority, by TV. C, Cox, Government Printer, Vact0ri~-aquare.