Wills Act 1936 (SA)

South Australia

Wills Act 1936

An Act relating to wills.

The Parliament of South Australia enacts as follows:

This Act may be cited as the Wills Act 1936.

1. (1)

   In this Act, unless the contrary intention appears—

adult means a person of or over the age of 18 years;

the Court means the Supreme Court of South Australia;

minor means a person under the age of 18 years;

personal estate includes leasehold estates and other chattels real and money, shares of Government and other funds, securities for money (not being real estates), debts, choses in action, rights, credits, goods, and all other property whatsoever which, prior to the coming into operation of The Intestate Real Estates Distribution Act 1867 devolved by law upon the executor or administrator and any share or interest in any such personal estate;

real estate includes messuages, lands, rents, and hereditaments, whether freehold or of any other tenure, and whether corporeal, incorporeal, or personal, and any estate, right or interest (other than a chattel interest) therein;

the Registrar means the Registrar of Probates or a deputy Registrar of Probates;

will includes testament, codicil, appointment by will or by writing in the nature of a will in exercise of a power and a disposition by will and testament or devise of the custody and tuition of any child by virtue of the Imperial Act passed in the twelfth year of the reign of King Charles the Second, Chapter 24, and any other testamentary disposition.

1. (2)

   Except where this Act otherwise provides, this Act applies to every will made on or after 1 January, 1838. Every will re-executed or republished or revived by any codicil will, for the purposes of this Act, be taken to have been made at the time at which the will or codicil was so re-executed, republished or revived.

2. (3)

   This Act does not extend to any estate pur autre vie of any person who died before 1 January, 1838.

Part 2The making, alteration, revocation, revival etc of wills

1. (1)

   Every person may devise, bequeath or dispose of by his or her will, executed in the manner required by this Act, all real estate and all personal estate to which the person is entitled either at law or in equity at the time of his or her death and which if not so devised, bequeathed or disposed of would devolve upon the heir at law of the person or (if he or she became entitled by descent) of his or her ancestor or upon his or her executor or administrator.

2. (2)

   The power given by this section extends to—

   1. (a)

      any estate pur autre vie whether there is or is not any special occupant of the estate and whether the estate is freehold or of any other tenure and whether it…