Wills Act 1970 (WA)

Western Australia

Western Australia

Wills Act 1970

An Act to consolidate and amend the law relating to wills.

This Act may be cited as the Wills Act 1970.

This Act shall come into operation on a date to be fixed by proclamation.

[3. Omitted under the Reprints Act 1984 s. 7(4)(f).]

In this Act, unless the contrary intention appears — 

country means any place or group of places having its own law of nationality, including the Commonwealth and its territories;

disposition includes a gift, devise, bequest or an appointment of property contained in a will; and

dispose of has a corresponding meaning;

internal law in relation to any country or place means the law that would apply in a case where no question of the law in force in any other country or place arose;

marriage has the meaning given to that term in the Marriage Act 1961 of the Commonwealth;

place means any territory including a State or Territory of the Commonwealth;

property includes real and personal property or any interest therein and any thing or chose in action;

will includes a codicil and any testamentary instrument or disposition.

[Section 4 amended: No. 27 of 2007 s. 4.]

This Act applies to the will of any person dying on or after the date of the coming into operation of this Act, whether the will was executed or made before, on or after that date but does not apply to the will of any person who died before that date.

A person may, by a will executed or made in a manner required or permitted by this Act —

• (a)

  dispose of property (whether acquired before or after the making of the will) to which at the time of the person’s death the person is entitled either at law or in equity; and

• (b)

  dispose of property that in exercise of a power of appointment the person is entitled or able to dispose of by will; and

• (c)

  appoint a guardian of any infant child of the person.

[Section 6 inserted: No. 27 of 2007 s. 5.]

Subject to section 17, a will made by a person under the age of 18 years is not valid.

[Section 7 amended: No. 27 of 2007 s. 6.]

Subject to sections 17 and 20 and Parts XA, X and XI, a will is not valid unless — 

• (a)

  it is in writing; and

• (b)

  it is signed by the testator or signed in the testator’s name by some other person in the testator’s presence and by the testator’s direction, in such place on the will so that it is apparent on…