Wills Act 2008

This Act, except as provided in this section applies only to wills made on or after the commencement of this Act.

The Wills Act 1992, as in force immediately before the commencement of this Act, continues to apply to wills made before that commencement, in so far as those wills do not come under the operation of subsection (4), (5), (6) or (7) or under the operation of the sections specified in subsections (3) and (9).

Sections 9, 10, 42, 43, 44, 45, 47, 48, 50, 51, 52, 54, 57, 58, 59, 60, 61, 62 and 63 apply to wills whether or not they are executed before, on or after the commencement of this Act, where the testator dies on or after that commencement.

Sections 7, 15, 18 and 19 apply to the alteration, revocation or renewal of a will on or after the commencement of this Act even if the will was made before that commencement.

Section 11 applies to a document that alters or revokes a will and that is made on or after the commencement of this Act even if the will was made before that commencement.

Section 16 applies to a will made before the commencement of this Act in relation to a marriage solemnised, or the registration under Part 2 of the Relationships Act 2003 of a deed of relationship, on or after that commencement.

Section 17 applies to a will made before the commencement of this Act, if the granting of the decree absolute of the dissolution of the marriage or the annulment of the marriage has taken place, or the revocation under Part 2 of the Relationships Act 2003 of a deed of relationships registered under that Part has occurred, on or after the commencement of this Act.

The Court may make an order under section 20 or 22 with respect to the alteration or revocation of a will or part of a will even if the will was made before the commencement of this Act.

Despite subsection (1), section 55 applies to a will made before the commencement of this Act if the testator has died on or after the death of the issue and the deaths occurred on or after that commencement.