Wills Act 2007
Version as at 28 October 2021 Public Act 2007 No 36 Date of assent 28 August 2007 Commencement see section 2
Contents Page 1 Title 3 2 Commencement 3 Part 1 Preliminary provisions 3 Purposes 3 4 Wills to which this Act applies 3 5 Act binds the Crown 3 6 Interpretation 3 7 Meaning of valid 4 8 Meaning of will 4 Part 2 Wills Subpart 1—Making, changing, revoking, and reviving wills 9 Persons who may make, change, revoke, and revive wills 5 10 Persons under 18 who agree to marry or enter civil union 6 Validity 11 Requirements for validity of wills 6 12 Witnesses 7 13 Witnesses affected by dispositions made to them 7 14 High Court may declare will valid 8 Changing, revoking, and reviving 15 Changes 8 16 Revocation 9 17 Revival 9 Effect on wills of marriages and civil unions starting and ending and will-makers dying 18 Effect on will of will-maker marrying or entering civil union 10 19 Effect on will of will-maker’s marriage or civil union ending 10 20 Effect on will of will-maker dying 12 Subpart 2—Administering wills 21 Disposition of land 12 22 Disposition of movable property 12 23 Disposition to child 13 24 Disposition to issue 14 25 Disposition to unincorporated association of persons 14 26 Disposition may encompass power of appointment 15 27 Disposition of property already partly disposed of 15 28 Disposition in fractional parts 16 29 Residuary estate 16 30 Mutual wills 16 31 Correction 17 32 External evidence 17 Subpart 3—Military or seagoing persons 33 Definitions for this subpart 17 34 Military or seagoing persons may do informal testamentary actions 18 35 Oral informal testamentary actions 18 36 Proof of informal testamentary actions 19 37 Certificate as to application of this subpart 19 38 Modification of provisions in application to wills of military or seagoing persons 19 Subpart 4—Transitional and amendment provisions 39 Wills of persons who die before 1 November 2007 20 40 Wills made before 1 November 2007 20 40A Application of Wills Amendment Act 2012 22 41 Consequential amendments 23 Schedule Consequential amendments 24
This Act is the Wills Act 2007.
This Act comes into force on 1 November 2007.
The purposes of this Act are to— (a) replace the Wills Act 1837 of the United Kingdom Parliament with an Act in plain language; and (b) change aspects of the law contained in the Wills Act 1837; and (c) provide for other matters relating to wills.
This Act applies to the wills of persons who die on or after 1 November 2007. Compare: 1977 No 55 ss 2(5), 3(2)
This Act binds the Crown.
For the purposes of this Act, unless the context requires another meaning,— Armed Forces is defined in section 33 de facto relationship is defined in section 14 of the Legislation Act 2019 disposition includes— (a) the creation by will of a power of appointment; and (b) the exercise by will of a power of appointment document means any material on which there is writing military or seagoing person is defined in section 33 movable property is defined in section 22(1) for the purposes of that section operational service is defined in section 33 personal representative means administrator, executor, or trustee property is defined in section 8(5) for the purposes of that section seafarer is defined in section 33 valid is defined in section 7 will is defined in section 8 will-maker— (a) means a person who makes, changes, revokes, or revives a will; and (b) is the equivalent of testator and testatrix. Section 6 de facto relationship: amended, on 28 October 2021, by section 3 of the Secondary Legis lation Act 2021 (2021 No 7).
(a) it complies with section 11; or (b) it is declared valid under section 14.
Compare: Wills Act 1837 ss 9, 10 (UK)
(a) is made by a natural person; and (b) does any or all of the following: (i) disposes of property to which the person is entitled when he or she dies; or (ii) disposes of property to which the person’s personal representative becomes entitled as personal representative after the person’s death; or (iii) appoints a testamentary guardian.
(a) a will as defined in subsection (1); or (b) a document that changes a will as defined in subsection (1); or (c) a document that revokes a will as defined in subsection (1); or (d) a document that revives a will as defined in subsection (1); or (e) a codicil to a will as defined in subsection (1).
(a) includes— (i) a contingent, executory, or future interest in property; and (ii) a right of entry to property; and (iii) a right of recovery of property; and (iv) a right to call for the transfer of title to property; and (b) does not include property of which a person is a trustee when he or she dies.
Compare: Wills Act 1837 ss 1, 3 (UK)
(a) is married, in a civil union, or in a de facto relationship; or (b) has been married, in a civil union, or in a de facto relationship.
(a) is not married, in a civil union, or in a de facto relationship; and (b) has never been married, in a civil union, or in a de facto relationship; and (c) has not agreed with another person to marry him or her or enter a civil union with him or her; and (d) satisfies the Family Court that he or she understands the effect of— (i) making, changing, revoking, and reviving a will; or (ii) doing whichever of those actions he or she asked the court to approve; and (e) has an approval given by the Family Court, with or without conditions, to his or her— (i) making, changing, revoking, or reviving a will; or (ii) doing whichever of those actions he or she asked the court to approve.
(a) is a military or seagoing person; or (b) is about to comply with an order to train for or join the Armed Forces for operational service; or (c) is about to comply with an order to join a ship as a seafarer. Compare: 1955 No 94 s 6(b), (c); 1969 No 40 s 2(1)–(3); 2005 No 25 s 6 Section 9(3)(d): amended, on 1 March 2017, by section 261 of the District Court Act 2016 (2016 No 49).
(a) he or she and another person have agreed to marry each other or enter a civil union with each other; and (b) either— (i) the will expressly says that it is made in contemplation of the marriage or civil union; or (ii) the will does not expressly say that it is made in contemplation of the marriage or civil union but the circumstances existing when it was made show clearly that it was made in contemplation of the marriage or civil union.
(a) sign the document; or (b) direct another person to sign the document on his or her behalf in his or her presence.
(a) be together in the will-maker’s presence when the will-maker— (i) complies with subsection (3); or (ii) acknowledges that— (A) he or she signed the document earlier and that the signature on the document is his or her own; or (B) another person directed by him or her signed the document earlier on his or her behalf in his or her presence; and (b) each sign the document in the will-maker’s presence.
(a) that he or she was present with the other witnesses when the willmaker— (i) signed the document; or (ii) acknowledged that he or she signed the document earlier and that the signature on the document is his or her own; or (iii) directed another person whose signature appears on the document to sign the document on his or her behalf in his or her presence; or (iv) acknowledged that another person directed by him or her signed the document earlier on his or her behalf in his or her presence; and (b) that he or she signed the document in the will-maker’s presence.
Compare: Wills Act 1837 s 9 (UK) Section 11(3): replaced (with effect on 1 November 2007), on 25 February 2012, by section 4 of the Wills Amendment Act 2012 (2012 No 22). Section 11(4): replaced (with effect on 1 November 2007), on 25 February 2012, by section 4 of the Wills Amendment Act 2012 (2012 No 22). Section 11(5): inserted (with effect on 1 November 2007), on 25 February 2012, by section 4 of the Wills Amendment Act 2012 (2012 No 22). Section 11(6): inserted (with effect on 1 November 2007), on 25 February 2012, by section 4 of the Wills Amendment Act 2012 (2012 No 22).
Compare: Wills Act 1837 ss 13, 17 (UK)
(a) the disposition is to a witness; or (b) the disposition is to a witness’s wife, husband, civil union partner, or de facto partner; or (c) the property would go to a person claiming under a person described in paragraph (a) or (b).
(a) the will has at least 2 witnesses who are not described in the subsection; or (b) the disposition is the repayment of a debt to a person described in the subsection; or (c) all the persons who would benefit directly from the avoidance of the disposition— (i) consent in writing or electronically to the distribution of the property; and (ii) have legal capacity to give consent; or (d) the High Court is satisfied that the will-maker— (i) knew and approved of the disposition; and (ii) made the disposition voluntarily. Compare: Wills Act 1837 ss 15, 16 (UK); 1977 No 55 s 3(1); 2005 No 25 ss 3, 4, 7
(a) appears to be a will; and (b) does not comply with section 11; and (c) came into existence in or out of New Zealand.
(a) the document; and (b) evidence on the signing and witnessing of the document; and (c) evidence on the deceased person’s testamentary intentions; and (d) evidence of statements made by the deceased person.
A valid will, or part of a valid will, may be changed, but only by one of the following means: (a) the change is— (i) written on the will; and (ii) signed and witnessed as described in section 11(3) and (4), with the signatures written beside, or near to, the change; or (b) the change is described in a note— (b) the change is described in a note— (i) written on the will; and (ii) signed and witnessed as described in section 11(3) and (4); or (c) the change is the obliteration of words in the will in such a way as to prevent their effect being apparent; or (d) the change is declared valid under section 14; or (e) the change is done under section 34(2). Compare: Wills Act 1837 s 21 (UK)
A valid will, or part of a valid will, may be revoked, but only by one of the following means: (a) the will-maker makes a later valid will; or (b) the will-maker writes a document that— (i) makes clear his or her intention to revoke the will or the part; and (ii) complies with section 11; or (c) the will-maker marries or enters a civil union and the will or the part is not saved by any of section 18(2) to (4); or (d) the revocation is done under section 34(2); or (e) the will-maker, with the intention of revoking the will or the part, destroys the will or the part; or (f) the will-maker, with the intention of revoking the will or the part, directs another person to destroy the will or the part in the will-maker’s presence; or (g) the will-maker does anything else in relation to the will that satisfies the High Court that the will-maker intended to revoke the will; or (h) the revocation is declared valid under section 14. Compare: Wills Act 1837 s 20 (UK)
(a) the will or the part complies with section 11 again; or (b) the will-maker makes a codicil that— (i) makes clear his or her intention to revive the will or the part; and (ii) complies with section 11; or (c) the revival is done under section 34(2).
Compare: Wills Act 1837 s 22 (UK) ; 1955 No 94 s 16(8); 1977 No 55 s 2(4); 2005 No 25 s 8(2)
(a) overridden by section 10; and (b) overridden by subsection (3); and (c) qualified by subsection (4).
(a) either— (i) the will expressly says that it is made in contemplation of a particular marriage or civil union; or (ii) the will does not expressly say that it is made in contemplation of a particular marriage or civil union but the circumstances existing when it was made show clearly that it was made in contemplation of a particular marriage or civil union; and (b) the marriage or civil union that occurs is the contemplated one.
Compare: Wills Act 1837 s 18 (UK); 1955 No 94 s 13(1)
(a) a will-maker makes a will; and (b) after the will-maker makes the will, an order of a kind described in subsection (2) is made to which the will-maker is a party; and (c) the order is in force when the will-maker dies; and (d) the will contains a provision of a kind described in subsection (3).
(a) an order made under Part 3 of the Family Proceedings Act 1980; or (b) an order made under section 42 of the Family Proceedings Act 1980; or (c) an order or decree corresponding to an order described in paragraph (a) or (b) made under an earlier corresponding enactment; or (d) an order, decree, or enactment corresponding to an order described in paragraph (a) or (b) made outside New Zealand that is recognised by the courts in New Zealand.
(a) the appointment of the will-maker’s spouse or partner as executor or trustee or advisory trustee of the will-maker’s will; or (b) the appointment of the will-maker’s spouse or partner as a trustee of property disposed of by the will to trustees on trust for beneficiaries who include the spouse’s or partner’s children; or (c) a disposition to the will-maker’s spouse or partner, except for a power of appointment exercisable by the spouse or partner exclusively in favour of the spouse’s or partner’s children; or (d) a disposition for the payment of a debt secured on— (i) property that belongs to the will-maker’s spouse or partner; or (ii) property that devolved by survivorship on the will-maker’s spouse or partner.
(a) the provision is void; and (b) in relation to the provision, the will must be read as if the will-maker’s spouse or partner died immediately before the will-maker.
(a) the provision to be effective even if an order of the kind described in subsection (2) were made; and (b) in relation to the provision, the will not to be read as if the will-maker’s spouse or partner died immediately before the will-maker. Compare: 1977 No 55 s 2(1)–(3)
Compare: Wills Act 1837 s 24 (UK)
Compare: Wills Act 1837 ss 26, 28 (UK)
(a) includes— (i) a charge on, or an interest in a charge on, land in New Zealand; and (ii) an interest in the proceeds of sale of land in New Zealand; and (b) does not include a leasehold interest in, or an interest in a leasehold interest in, land in New Zealand.
(a) is made in New Zealand; and (b) is made by any person, whatever his or her domicile when— (i) the will was made; or (ii) he or she died.
(a) complies with section 11; or (b) was made as required by the law of the place where the person was domiciled when the will was made; or (c) was made as required by the law of the place where the person was domiciled when he or she died.
(a) is made outside New Zealand; and (b) is made by any person, whatever his or her domicile when— (i) the will was made; or (ii) he or she died.
(a) the law of the place where the will was made; or (b) the law of the place where the person was domiciled when the will was made; or (c) the law in force, when the will was made, in the place where the person had his or her domicile of origin; or (d) the law of the place where the person was domiciled when he or she died.
Compare: 1955 No 94 s 14(1)–(4)
(a) a will-maker makes a will disposing of property to a child (child) of the will-maker; and (b) the disposition is to the child as a named beneficiary or as a member of a class; and (c) the child dies— (i) before or after the will-maker makes the will; and (ii) before the will-maker dies; and (d) the child leaves a child (grandchild); and (e) the grandchild is alive when the will-maker dies.
(a) to the grandchild; or (b) among the grandchildren in equal shares, if more than 1 is alive when the will-maker dies.
(a) that is expressly or impliedly stated to be conditional on the child being alive— (i) at or after the time when the will-maker dies; or (ii) at a time or event that will occur after the will-maker dies; or (b) that is expressly or impliedly stated to be conditional on the fulfilment of any other contingency, if the contingency has not been fulfilled before the will-maker dies; or (c) that is a specific disposition of personal chattels, as defined in the Administration Act 1969; or (d) that is to a person as one of 2 or more joint tenants.
Compare: Wills Act 1837 s 33 (UK); 1955 No 94 s 16(1)–(4)
(a) to an unincorporated association of persons that is not a charity; or (b) to or on trust for the purposes of an unincorporated association of persons that is not a charity; or (c) to or on trust for the present and future members of an unincorporated association of persons that is not a charity.
(a) transfer it to the association; or (b) pay it into the general funds of the association, if necessary after turning it into money.
(a) the transfer is to 1 or more persons; and (b) the persons are designated in writing or electronically; and (c) the designation is by any 2 persons doing the duties of president, treasurer, or secretary of the association.
(a) subsection (3) does not apply if the will makes it clear that the willmaker intended the transfer to be handled in some other way: (b) subsection (4) does not apply if the will makes it clear that the willmaker intended the payment to be handled in some other way.
(a) that a list cannot be compiled of the association’s members at the time when the will-maker died; or (b) that the association’s members have no power to divide the association’s assets beneficially amongst themselves.
(a) including the property; and (b) being an exercise of the power.
(a) intended the disposition not to include property over which he or she had a general power of appointment; or (b) intended the disposition not to be an exercise of the power. Compare: Wills Act 1837 s 27 (UK)
(a) makes a will; and (b) later disposes of an interest in property disposed of by the will.
Compare: Wills Act 1837 s 23 (UK)
(a) a will disposes in fractional parts of— (i) all the will-maker’s property; or (ii) the will-maker’s residuary estate; and (b) a part fails.
(a) to the part that does not fail; or (b) if there is more than 1 part that does not fail, to all those parts proportionately.
Compare: Wills Act 1837 s 25 (UK)
(a) 2 persons make wills in which each— (i) disposes of property on which the 2 persons have agreed; and (ii) makes the disposition in a way on which the 2 persons have agreed; and (b) each promises the other that he or she will not— (i) revoke the will without making another will that keeps the agreement in the same or a better way; or (ii) change the will in a way that fails to keep the agreement in the same or a better way; or (iii) dispose, during his or her life, of some or all of an item of property that the will specifically disposes of; and (c) the first of them to die (person A) keeps the promise; and (d) the second of them to die (person B) does not keep the promise.
(a) contains a clerical error; or (b) does not give effect to the will-maker’s instructions.
(a) meaningless; or (b) ambiguous on its face; or (c) uncertain on its face; or (d) ambiguous in the light of the surrounding circumstances; or (e) uncertain in the light of the surrounding circumstances.
(a) a member of the Armed Forces— (i) on operational service; or (ii) at sea; or (b) a seafarer at sea; or (c) a prisoner of war who, immediately before he or she was captured or imprisoned, was described by paragraph (a) or (b) operational service is defined in section 15(3) of the Burial and Cremation Act 1964 seafarer is defined in section 2(1) of the Maritime Transport Act 1994.
(a) is one of the following: (i) making a will; or (ii) changing a will; or (iii) revoking a will; or (iv) reviving a will; and (b) produces an informal will informal will means a will that is not valid prisoner of war means a protected prisoner of war as defined in section 2(1) of the Geneva Conventions Act 1958. Compare: 1955 No 94 ss 3, 4
Compare: 1955 No 94 ss 5(1)–(3), 6(a)
(a) a prisoner of war orally makes, changes, revokes, or revives an informal will; or (b) a person becomes a prisoner of war within 12 months after orally making, changing, revoking, or reviving an informal will.
(a) while he or she is a prisoner of war; or (b) within 12 months after he or she ceases to be a prisoner of war. Compare: 1955 No 94 s 9
Informal testamentary actions may be proved by any evidence that the High Court considers sufficient, regardless of any provision to the contrary in any other enactment. Compare: 1955 No 94 s 5(6)
(a) that at a material date a person was a military or seagoing person; or (b) that at the material date a person was entitled under section 9(4) to make, change, revoke, or revive a will.
(a) in the case of a person who at the material date was a member of the Armed Forces, by an officer of the Armed Forces; or (b) in the case of a person who at the material date was a seafarer on a ship or had received orders to join a ship as a seafarer, by an officer of the ship.
(a) the certificate is sufficient evidence of the fact, in the absence of proof to the contrary; and (b) judicial notice must be taken of the appointment and signature of the officer giving it. Compare: 1955 No 94 s 6A
(a) while the will-maker is a military or seagoing person; and (b) by— (i) the will-maker; or (ii) another person directed by the will-maker who makes the change in the will-maker’s presence.
Compare: 1955 No 94 s 7
(a) section 8(4) does not apply; and (b) section 9(2) must be read as if it said “of 16 or 17 years”, not “under 18 years”; and (c) section 9(3) must be read as if it said “of 16 or 17 years”, not “under 18 years”; and (d) section 9(3)(c) does not apply; and (e) section 9(3)(d) must be read as if— (i) it said “District Court or Public Trust”, not “Family Court”; and (ii) it said “making or revoking a will”, not— (i) making, changing, revoking, and reviving a will; or (ii) doing whichever of those actions he or she asked the court to approve (f) section 9(3)(e) must be read as if— (i) it said “District Court or Public Trust”, not “Family Court”; and (ii) it did not contain the words “, with or without conditions,”; and (iii) it said “making or revoking a will”, not— (g) section 9(4) must be read as if it said “of 16 or 17 years”, not “under 18 years”; and (h) section 10 does not apply; and (i) [Repealed] (j) section 13(2)(c) and (d) do not apply; and (k) [Repealed] (l) [Repealed] (m) section 16(c) must be read as if it did not contain the words “or enters a civil union”; and (n) section 16(g) does not apply; and (o) section 18(1), (3), and (4) must be read as if they did not contain the words “or enters a civil union”, “or civil union”, and “or entering a civil union”; and (p) section 18(2)(a) does not apply; and (q) section 19 must be read as if— (i) subsection (2)(a), and the references to it in subsection (2)(c) and (d), did not appear; and (ii) the words “in relation to the dissolution of a marriage” appeared at the end of subsection (2)(b); and (iii) subsections (3) to (5) did not contain the words “or partner” and “or partner’s”; and (r) sections 24, 25, 28, and 30 do not apply.
(a) section 9 must be read as if subsections (2) and (3) did not contain the words “, in a civil union, or in a de facto relationship” and “or enter a civil union with him or her”; and (b) section 13(1) must be read as if it said “witness’s wife or husband”, not “witness’s wife, husband, civil union partner, or de facto partner”.
(a) subsections (1) and (4) said “21 years”, not “18 years”; and (b) subsections (2) and (3) did not appear.
(a) subsections (2)(b) and (3) did not appear; and (b) subsection (4) did not contain the words “or grandchildren”.
Compare: 1955 No 94 ss 11(5), 13(2), 14(5), 16(6), (7); 1969 No 40 ss 2(4), 5; 1977 No 55 ss 2(5), 3(2), 4; 2005 No 25 s 8(1) Section 40(2)(i): repealed (with effect on 1 November 2007), on 25 February 2012, by section 5 of the Wills Amendment Act 2012 (2012 No 22). Section 40(2)(k): repealed (with effect on 1 November 2007), on 25 February 2012, by section 5 of the Wills Amendment Act 2012 (2012 No 22). Section 40(2)(l): repealed (with effect on 1 November 2007), on 25 February 2012, by section 5 of the Wills Amendment Act 2012 (2012 No 22). Section 40(2)(n): replaced (with effect on 1 November 2007), on 25 February 2012, by section 5 of the Wills Amendment Act 2012 (2012 No 22).
(a) is made by the High Court, a Judge of the High Court, a Registrar or Senior Deputy Registrar of the High Court, a personal representative (as defined in section 6) of a person who has died, or any other court or person: (b) arises from, or without, an application for administration (whether without notice, or in solemn form) made before or after the commencement (including, without limitation, one in solemn form made before or after the commencement and following one without notice made unsuccessfully before the commencement): (c) arises from an application made before or after the commencement for a review by the High Court or a Judge of the High Court of a determination made by a Registrar or Senior Deputy Registrar of the High Court made before or after the commencement.
(a) a grant of administration (as defined in section 2(1) of the Administration Act 1969) made before the commencement: (b) a payment made or other action taken before the commencement and that an enactment authorised without a grant of administration (as so defined). Section 40A: inserted, on 25 February 2012, by section 6 of the Wills Amendment Act 2012 (2012 No 22). Section 40A heading: amended, on 5 December 2013, by section 4 of the Wills Amendment Act 2013 (2013 No 138).
The enactments specified in the Schedule are consequentially amended in the manner indicated in the Schedule.
Section 11(1): insert after paragraph (gc): (gd) the Wills Act 2007:
Section 66C(1)(a)(iii): omit and substitute: (iii) dispose of the policy by will in accordance with section 9 or 10 of the Wills Act 2007 or section 2 of the Wills Amendment Act 1969 or section 6 of the Wills Amendment Act 1955:
Section 12A(7): omit and substitute: (7) An election may be filed under this section relating to a written informal will to which subpart 3 of Part 2 of the Wills Act 2007 or the Wills Amendment Act 1955 applies. This section does not apply to any other informal will.
Section 64(a): omit “and the deceased spouse or civil union partner dies intestate” and substitute “when the deceased spouse or civil union partner dies”.
Section 55(5): omit and substitute: (5) The following provisions apply to a testamentary disposition authorised and executed under this section: (a) it is valid despite— (i) section 11 of the Wills Act 2007; and (ii) sections 9 and 10 of the Wills Act 1837 of the United Kingdom Parliament; and (b) it has the same effect for all purposes as it would have had if the person subject to the property order— (i) had had testamentary capacity; and (ii) had executed the testamentary disposition in the manner required by the applicable section.
Section 93(8): omit and substitute: (8) An election may be filed under this section relating to a written informal will to which subpart 3 of Part 2 of the Wills Act 2007 or the Wills Amendment Act 1955 applies. This section does not apply to any other informal will.
Section 3(1)(e) to (h): omit and substitute: (e) if any of 2 or more possible beneficiaries under a will or trust or other disposition have died as described, and would be given property under the will or trust or other disposition if any of them could be shown to have survived the other or others, the following provisions apply: (i) the will or trust or disposition takes effect as if the property were given to those possible beneficiaries as tenants in common in equal shares; and (ii) the property passes accordingly; and (iii) subparagraphs (i) and (ii) do not apply if the will or trust or disposition shows a contrary intention; and (iv) subparagraphs (i) and (ii) do not apply if paragraph (c) or (f) applies: (f) if any of 2 or more persons who have died as described could have exercised a power of appointment over property if any of them could be shown to have survived the other or others, the following provisions apply: (i) the power may be exercised as if an equal share of the property had been set apart for appointment by each of the persons; and (ii) the power may be exercised as if each of the persons had the power of appointment over the share of the property set apart for him or her; and (iii) the share passes in default of appointment by him or her in the manner in which the property would have passed in default of appointment by him or her if he or she had been the survivor of the persons; and (iv) subparagraphs (i) to (iii) do not apply if the instrument creating the power shows a contrary intention; and (v) subparagraphs (i) to (iii) do not apply if paragraph (c) applies: (g) if property is given or appointed by a will or other testamentary instrument to the survivor of 2 or more of the testator’s children or issue, and all or the last survivors of the children or issue are persons who have died as described, section 23 of the Wills Act 2007 or section 16 of the Wills Amendment Act 1955 takes effect as if the gift or appointment were in equal shares to the children or issue who— (i) have died as described; and (ii) have a child or children living at the testator’s death: (h) if the persons who have died as described include a testator and 1 or more of the testator’s issue, the following provisions apply for the purposes of section 33 of the Wills Act 1837 of the United Kingdom Parliament: (i) the testator is treated as having survived, but died immediately after, all the testator’s issue who have died as described; and (ii) a gift by the testator to any of the testator’s issue who has died as described or has already died in the testator’s life time (donee) takes effect under section 33 if any of the donee’s issue is living at the testator’s death and is not a person who has died as described; and (iii) subparagraphs (i) and (ii) do not apply if the testator’s will shows a contrary intention:
Section 36(8): omit and substitute: (8) An election may be filed under this section relating to a written informal will to which subpart 3 of Part 2 of the Wills Act 2007 or the Wills Amendment Act 1955 applies. This section does not apply to any other informal will.
Note The Parliamentary Counsel Office has made editorial and format changes to this version using the powers under subpart 2 of Part 3 of the Legislation Act 2019. Note 4 at the end of this version provides a list of the amendments included in it. This Act is administered by the Ministry of Justice. Notes 1 General This is a consolidation of the Wills Act 2007 that incorporates the amendments made to the legislation so that it shows the law as at its stated date. 2 Legal status A consolidation is taken to correctly state, as at its stated date, the law enacted or made by the legislation consolidated and by the amendments. This presumption applies unless the contrary is shown. Section 78 of the Legislation Act 2019 provides that this consolidation, published as an electronic version, is an official version. A printed version of legislation that is produced directly from this official electronic version is also an official version. 3 Editorial and format changes The Parliamentary Counsel Office makes editorial and format changes to consolidations using the powers under subpart 2 of Part 3 of the Legislation Act 2019. See also PCO editorial conventions for consolidations. 4 Amendments incorporated in this consolidation Secondary Legislation Act 2021 (2021 No 7): section 3 District Court Act 2016 (2016 No 49): section 261 Wills Amendment Act 2013 (2013 No 138) Wills Amendment Act 2012 (2012 No 22)