Wills (Soldiers, Sailors, and Members of the Air Force) Act of 1940 (4 Geo Vi No. 4) (Qld)

SUCCESSION. 4 GEO. VI. No. 4, 1940. Wills (Soldiers, Sailors, Etc.), Act. 18017 SUCCESSION. An Act to Amend the Law with respect to Testamentary Dispositions by Soldiers, Sailors, and Members of the Air Force. [ASSENTED TO 16TH OCTOBER, 1940.] 4 GEO. VI. No. 4. THE WILLS (SOLDIERS, SAILORS, AND MEMBERS OF THE AIR FORCE)AOT OF 1940. B E it enacted by the King's Most Excellent Majesty, by and with the advice and consent of the Legis- lative Assembly of Queensland in Parliament assembled, and by the authority of the same, as follows :- 1. This Act may be cited as "The Wills (Soldiers, Short title Sailors, and Members of the Air Force) Act of 1940," and : ~ ; ~ ~ ~ . shall, so far as necessary or convenient to give effect thereto, be read and construed with *" The Succession Acts, 1867 to 1895." 2. In order to remove doubts as to the construction Explanation of the t" SuccessionAct O 'J f 1867 , " it is hereby declared A Of e B t . 4331 of V t I ~ e e . and enacted that section forty-three of that Act authorises No. 24. and always has authorised any soldier being on war service, or any mariner or seaman being at sea, to dispose of his personal estate as he might have done before the passing of that Act, though under the age of twenty-one years. 3. Section forty-three of the t" SuccessionAct of Extension of 1867" shall apply and extend to any member of His ~et33~f ~ ~ ~ Majesty's Naval or Marine Forces not only when he is at No. 24. sea but also when he is so circumstanced that if he were a soldier he would be on war service, and also shall apply and extend, when she is so circumstanced that if she were a soldier she would be on war service, to any female serving with the said Forces as medical practitioner or nurse or masseuse or otherwise. 4 A testamentary disposition of any real estate Validity of made by ~ person to whom section forty-three C?f the :::~~ry t" Successwn Act of 1867" applies and who dies or dispositions sSheapltlemhabveer, odnieedt haotusaannyd ntiimnee haufntderredthaendthtirhdr· rtdya-my.noe, f mporfaordpeeearIbtyy - - - - - - - - - - - - - - - - - - - - - - - - ssaoilldoiresr.s and * 31 Vie. No. 24 and amending Aets, supra, pages 3353 et seq. t 31 Vie. No. 24, supra, page 3353.

18018 SUCCESSION. Wills (Soldiers, Sailors, Etc.), Act. 4 GEO. VI. No. 4,1940. shall, notwithstanding that the person making the disposition was at the time of making it under twenty-one years of age or that the disposition has not been made in such manner or form as was at the passing of this Act required by law, be valid in any case where the person making the disposition was of such age and the disposition has been made in such manner and form that if the disposition had been a disposition of personal estate made by such a person domiciled in Queensland it would have been valid. Power to appoint testa- mentary guardians. 5. Where any person dies after the passing of this Act- having made a will which is, or which, if it had been a disposition of property, would have been rendered valid by section forty-three of the *" SuccessionAct of 1867," any appointment contained in that will of any person as guardian of the infant children of the testator shall be of full force and effect. woRfeh w vico i h l c l astt. oio 43 n three 6 o . fAthney w *" il S l u m cc a e d ss e io b n y a Ac p t er o s f on18w67h"enapspelciteiodntofohrtiym- oN 31 fot. Vh2eic4. Act smaaidy sbeectrioevnockeeadsebs ytosaupcphlypetrosohnimatnoatnwyithtismtaendaifntegr ththaet applies. he is at the time of such revocation under twenty-one years of age. Disability of witness. 7. Section forty-seven of the *" SuccessionAct of 1867" shall apply to and with respect to any witness and the wife or husband of any witness to any will made by a person to whom section forty-three of that Act applies. Interpre- tation. 8. For the purposes of section forty-three of the *" SuccessionAct of 1867" and this Act, the expression "soldier" includes a member of the Air Force, and references in this Act to the said section forty-three include a reference to that section as explained and extended by this Act. * 31 Vie. No. 24, supra, page 3353. SUCCESSION AND PROBATE DUTIES. See INCOME TAX (INCOME TAX AND SUCCESSION AND PROBATE DUTIES (SAILORS, SOLDIERS, AND MEMBERS OF THE AIR FORCE) EXEMPTION ACT)