WILLS ACT

ARRANGEMENT OF SECTIONS

   1   Short title

   2   Interpretation

   3   What may be devised or bequeathed by will

   4   Estates pur autre vie

   5   Wills of minors

   6   Execution of wills

   7   Appointments made by wills

   8   Publication not necessary

   9   Will not to be invalid for incompetency of attesting witness

   10   Gift to attesting witness to be void

   11   Creditor attesting will may be a witness to prove its execution

   12   Executor may prove execution of will

   13   Will revoked by marriage

   14   What shall not revoke will

   15   Revocation

   16   Provision as to alterations made in will

   17   No will revoked to be revived otherwise than by re-execution or codicil

   18   Conveyance subsequent to execution of will

   19   Will to speak from death of testator

   20   Lapsed or void devises

   21   Leasehold estates

   22   General gift of real or personal estate shall include real or personal estate

   23   Devise without words of limitation to be construed to pass the fee

   24   How certain words are to be construed

   25   Real estate devised to trustee or executor

   26   Real estate devised to trustee without express limitation

   27   Devises of estates tail

   28   Gifts to children who die leaving issue living at death of testator

   29   Re-execution of will by codicil

 

THE WILLS ACT

[Date of Commencement: 1840]

Cap 414.

Act 1 of 1979.

1   Short title

   This Act may be cited as the Wills Act.

2   Interpretation

   In this Act-

   "will" shall extend to a testament and to a codicil, and to an appointment by will or by writing in the nature of a will, in exercise of a power; and also to a disposition by will and testament or devise of the custody and tuition of any child, and to any other testamentary disposition;

   "real estate" shall extend to messuages, lands, rents, tenements, and hereditaments, whether freehold or of any other tenure, and whether corporeal, incorporeal, or personal, and to any undivided share thereof, and to any estate right or interest (other than a chattel interest) therein;

   "personal estate" shall extend to leasehold estates and other chattels real, and also to moneys, shares of Government and other funds, securities for money (not being real estate), debts, choses in action, rights, credits, goods, and all other property whatsoever which by law devolves upon the executor or administrator, and to any share or interest therein.

3   What may be devised or bequeathed by will

   It shall be lawful for every person to devise, bequeath, or dispose of by his will, executed in manner hereinafter required, all real estate and all personal estate which he shall be entitled to either at law or in equity at the time of his death, and which if not so devised. bequeathed or disposed of, would devolve upon the heir-at-law or customary heir of him, or if he became entitled by descent, of his ancestor, or upon his executor or administrator; and the power hereby given shall extend to estates pur autre vie, whether there shall or shall not be any special occupant thereof, and whether the same shall be freehold or of any other tenure, and whether the same shall be a corporeal or an incorporeal hereditament: and also to all contingent, executory, or other future interests in any real or personal estate, whether the testator may or may not be ascertained as the person or one of the persons in whom the same respectively may become vested, and whether he may be entitled thereto under the instrument by which the same respectively were created or under any disposition thereof by deed or will; and also to all rights of entry for conditions broken, and other rights of entry; and also to such of the same estates, interests and rights respectively, and other real and personal estate, as the testator may be entitled to at the time of his death, notwithstanding that he may become entitled to the same subsequently to the execution of his will.

4   Estates pur autre vie

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