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s 4

What property may be disposed of by will?

In force
Part 2The making, alteration, revocation and revival of wills
Division 1Will-making powers

4 What property may be disposed of by will?

(1)

A person may, by will, dispose of—

(a)

any property to which the person is entitled at the time of his or her death, whether or not the entitlement of the person did or did not exist at the date of the making of the will; and

(b)

any property to which the personal representative of that person becomes entitled, by virtue of the office of personal representative to that person, after the death of that person—

other than property of which the testator is trustee.

(2)

In this section property includes—

(a)

a contingent, executory or future interest in property—

(i)

whether the person becomes entitled to the interest by way of the instrument which created the interest or otherwise; and

(ii)

whether that person has or has not been ascertained as the person in whom the interest may become vested; and

(b)

a right of entry or recovery of property or a right to call for the transfer of title of property.

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