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The Wills Aot 1934

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The Wills Aot 1934 327 TASMANIA. THE WILLS AOT 1934, ANALYSIS. ,,1. Short title. No alteration in a will shall 2. Amendment of 4 Vict. No. 9. have any effect unless executed Title. as a will. Preamble. No will revoked to be revived Section 1. otherwise than by re-execution New section 2. or a codicil to revive it. Commencement. A devise not to he rendered in­ New section 3. operative by any subsequent Repeal. conveyance, &c. New section 4. A will shall be construed to Short title. speak from death of testator. New schedule. A residuary devise shall include Provisions adopted. estates comprised in lapsed Section 1. and void devises. " WilL" A general devise of the testator's " Real estate." land shall include copyhold " Personal p.state." and leasehold as well as free­ Allproperty may be disposed of hold lands. bv will. A general gift shall include Est~tes pur autre vie. estates over which the testator Contingent interests. has a general power of Rights of entry; and property appointment. acquired after execution of A devise without any words the will. of limitation shall be con­ E~tates pur autre vie. strued to pass the fee. No will of a person under age The words" die without issue" in valid ; or of a feme covert; or "die without leaving is­ except! &c. sue" shall be construed to Every wIll shall be in writing, mean die without issue living and signed by the testator in at the death. the presence of two witnesees No devise to trustees or exe­ at one time. cutors except fc)r a term, &c. Appointment!! by will to be shall pass a chattel interest. executed like other wills, and Trustees under an unlimited to be valid, although, &c. devise, where the trust ma v Soldiers' & mariners' wills endure beyond, &c., to take excepted. the fee. Devises of estates tail shall not Publication not r@quisite. lapse. Will not void on account of Gifts to children or other issue incompetency of witnesses. who leave iSl!IUe living at the Gift to an attesting witnest'! to testator's death shall not be void. lapse. 3. Amendment of 16 Vict. No 4. Creditor attesting to be admitted Title. a witness. Preamble and enactment. Executor to be admitted a wit­ New section 4. lIess. Short title. Will to be revoked by marriage. 4. Amendment of 9 Geo. V. No. 56. New section 8. 110 will. to be revoked by pre- Persons OIl war service. sumptIOn. New section 9. No will to be revoked but by Wills of mafl'ied infant... an?t~er will, &c., or by a New section 10. wrltmg executed like a will, Marriage not to avoid will in or by destruction. certain cases. 329 TA S M A NI A. 1934. ANNO VICESIMO QUINTO GEORGII v. REGIS~ No. 50. A.D. AN AC~r to amend an Act passed in the fourth 1934. year of the Reign of Her Majesty Queen Victoria in relation to the law with respect to Wills; and to amend the Wills (Soldiers and Sailors) Act 1918. [13 December, 1934.J BE it enacted by His Excellency the Governor of Tasmania. by and with the advice and consent of the LegislativE' Council and House of Assembly, in Parliament assembled. as follows:- 1 This Act may be cited as the Will, Act 1934. Short title. Amend­ 2 The Act passed in the fourth year of the reign of Her Majesty ment of4 Queen Victoria number nine for the purpose of adoptiug an Imperial Vict. No. Act intituled the Wills Act J 837 is hereby amended- 9. I. As to the title thereof.- 7 Wm. IV. &; 1 Vict •• Ca) By deleting the word "a" and inserting after the c.26. word "certain" in the first line the words Title. "provisions contained in an" ; and 330 25° GEORGII V No. 50 Wil18. A.D.1934. (b) By deleting all the words after the word "intituled" in the third line and substituting therefor the words and figures" the Wills Act 1837 ": Preamble. If. By expunging the preamble thereto and deleting the word " therefore" in the enacting clause: Section 1. Ill. By deleting from section one thereof all the words from the word " with" at the beginning thereof to the words" are and" in the fourth line and substituting "therefor the figure and words" 1 So much of an Imperial Act intituled 7 Wm. IV. the Wills Act 1837 as is set forth in the schedule, and as & 1 Vict., therein amended" ; c.26. IV. By repealing section two thereof and snhstituting therefor the following new sections two, three, and four·- New sec­ Commence­ tion 2. "2 The said provisions hereby adopted shall not take ment. effect in this Island and its dependencies until the first day of April, one thousand eight hundred and forty-one. New sec­ Repeal. "3 After the date on which the said adopted provisions tion 3. take effect therein, the enactments enumerated in section two of the said recited Imperial Act shall cease to extend to this Island and its dependencies or to be applied therein. New sec­ Short title. "4-(1) This Act may be cited as the Wills Act tion 4. 1840. "(2) The several sections of the said J mperial Act set forth in the schedule may be cited as sections of the Wills Act 1837." : and New Sche­ V. By inserting therein the following schedule- dule. " SCHEDULE. Provisions PROVISIONS ADOPTED FROM THE WILLS ACT adopted. 1837 (1 J WM. IV. AND 1 VlCT. CAP. 26.) Section 1. " 1. The words and expressions hereinafter men tioned shall in this Act, except where the nature of the provision or the context of the Act shall exclude such construction, he " WilL" interpreted as follows: (that is to say) the word " will " shall extend to a testament, and to a codicil, and to an appointment by will or by writing in the nature of a will in exercise of a power, and also to a disposition by will and testament 01' devise of the custody and tuition of any child, by virtue of an Act passed in the twelfth year of the 12 Car. 2, reign of King Charles the Second, intituled An A ct for c.24. taking away the Cf)urt of Wards and Liveries, and Tenures in capite and by Knights Service, and Purveyance, and for settling a Revenue upon Hi.~ Majesty in lieu thereof, and to any other testamentary disposition; and the " Reftl estate." words "real estate" shall extend to messuages, lands, rents, and hereditaments. whether freehold or of any other tenure, and whether corporeal, incorporeal, or personal, 250 GEORGII V No. 50 331., WillB. and to any undivided share thereof, and to any estate, A.D.1934. right, or interest (other than a chattel interest) therein; and the words" personal estate" shall extend to leasehold" Personal estates and other chattels real, and also to moneys, shares estate." of government and other funds, securities for moneys (not being real estates), debts, choses in action, rights, credits, goods, and all other propert.v whatsoever which by law devolves upon the executor or administrator, and to any share or interest therein. "3. It shall be lawful for every person to devise, bequeath, All prQpe~ty or dispose of~ by his will executed in manner hereinafter may dbef ts- required, all real {'state and all personal estate which he ~~~f 0 y shall be entitled to, either at law or in equity, at the time of his death, and which, if not so devised, bequeathed, or disposed of, would devolve upon the heir at law, of him, or, if he became entitled by descent, of his ancestor, or upon his executor or administrator; and also to estates pur autre Estates pur vie, whether there shall or shall not be any special occupant autre vie. thereof, and whether the same shall be freehold or of any other tenure, and whether the same shall be a corporeal or an incorporeal hereditament; and also to all contingent, Contingent executory, or other future interests in any real or personal interests. estate, whether the testator mayor may not be ascertained as the person or one of the persons in whom the same respectively may become vested, and whether he may be entitled thereto under the instrument by which the same respectively were created or under any disposition thereof by deed or will; and also to all rights of entry for condi- Rights of tions broken and other rights of entry; and also to such of entry; and the same estates, interests, and rights respectively, and prop~rtYd acq Ulre ot h er rea I and persona I estate, as t h e testator may b e a.fter exe- entitled to at the time of his death, notwithstanding that cution of he may become entitled to the same subsequently to the the will. execution of his will. "6. If no disposition by will shall be made of any estate Estates pur pur autre vie of a freehold nature, the same shall be autre vie. chargeable in the hands of the heir, if it. shall come to him by reason of special occupancy, as assets by descent, as in the case of freehold land in fee simple; and in case there shall be no special occupant of any estate pur autre vie, whether freehold or of any other tenure, and whether a corporeal or incorporeal hereditament, it shall go to the executor or administrator of the party that had the estate thereof by virtue of the grant; and if the same shall come to the executor or administrator either by reason of a special occupancy or by virtue of this Act, it shall be assets in his bands, and shall go and be applied and distributed in the same manner as the personal estate of the testator or intestate.
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