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Wills Act 2012 (NI)
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Department of Infrastructure, Transport, Regional Development, Communications, Sport and the Arts
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C2015Q00257
18 June 2015
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Part 1—Preliminary
1. Citation
2. Commencement
3. Definitions
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Part 2—The Making, Alteration, Revocation and Revival of Wills
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Division 1—Making a will
4. What property may be disposed of by will?
5. Minimum age for making a will
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Division 2—Executing a will
6. How should a will be executed?
7. Must witnesses know that they are signing a will?
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Division 3—Dispensing with requirements for execution, alteration or revocation of a will
8. When may the Court dispense with requirements for execution or revocation?
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Division 4—Witnessing a will
9. What persons cannot act as witnesses to wills?
10. Can an interested witness benefit from a disposition under a will?
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Division 5—Alteration, revocation and revival of wills
11. When and how can a will be revoked?
12. What is the effect of marriage on a will?
13. What is the effect of divorce or an annulment on a will?
14. Can a will be altered?
15. Can a revoked will be revived?
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Part 3—Wills Made or Rectified Under Court Authorisation
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Division 1—Court authorised wills by minors
16. Court may authorise minor to make, alter or revoke a will
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Division 2—Court authorised wills for persons who do not have testamentary capacity
17. Wills for persons who do not have testamentary capacity authorised by the Court
18. Hearing an application for an order
19. Powers of the Court in making an order
20. Revocation of a will made under an order under section
21. Execution and storage of wills made under an order under section
22. Matters of which Court must be satisfied before application for leave to make an application may be granted
23. Hearing an application for leave
24. Information which the Court may require in support of an application for leave
25. Persons who are entitled to appear at an application for leave
26. Recognition of statutory wills
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Division 3—Court authorised rectification of wills
27. Can a will be rectified?
28. Order to be attached to will
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Part 4—Construction of Wills
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Division 1—General rules about the construction of wills
29. What interest in property does a will operate to dispose of?
30. When does a will take effect?
31. What is the effect of a failure of a disposition?
32. When is evidence admissible to clarify a will?
33. What is the effect of a change in the testator’s domicile?
34. Income on contingent and future dispositions
35. Beneficiaries must survive testator by 30 days
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Division 2—Construction of particular provisions in wills
36. What does a general disposition of land include?
37. What does a general disposition of property include?
38. What is the effect of a disposition of real property without words of limitation?
39. How are dispositions to issue to operate?
40. How are requirements to survive with issue construed?
41. Dispositions not to fail because issue have died before the testator
42. Construction of residuary dispositions
43. Dispositions to unincorporated associations of persons
44. Can a person, by will, delegate the power to dispose of property?
45. What is the effect of referring to a valuation in a will?
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Division 3—Wills to which foreign laws apply
46. General rule as to validity of a will executed in a foreign place
47. Ascertainment of the system of law which applies to a will
48. Construction of the law applying to wills
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PART 5—INTERNATIONAL WILLS
49. Definitions
50. Application of Convention
51. Persons authorised to act in connection with international wills
52. Witnesses to international wills
53. Application of Act to international wills
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Part 6—DEPOSIT OF WILLS
54. Deposit of wills with Registrar
55. Power to prescribe fees
56. Delivery of wills by Registrar
57. Who may see a will?
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Part 7 —Transitional and Consequential Provisions
58. Repeal of Wills Act 1973
59. Transitional provisions
SCHEDULE
Annex to Convention providing a Uniform Law on the Form of an International Will 1973