s 49
In forceWhat is the effect of referring to a valuation in a will?
Part 4Construction of wills
Division 2Construction of particular provisions in wills
49 What is the effect of referring to a valuation in a will?
(1)
If—
(a)
there is an express or implied requirement in a will that a valuation be made or accepted for any purpose; and
(b)
the will does not provide a method of calculating the valuation or the method of calculating the valuation is not provided for by the law of Victoria or of another jurisdiction—
the reference to the valuation in the will is to be construed as if it were a reference to a valuation of the property as at the testator's death made by a competent valuer.
S. 49(2) inserted by No. 43/1998 s. 56.
(2)
Subsection (1) does not apply if a contrary intention appears in the will.
S. 49A inserted by No. 41/2017 s. 29.
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