Difference between revisions of "Making and Executing a Will (16:III)"

Revocation of wills is governed by section 55 of ''WESA''. These sections outline the only ways in which a will may be revoked. Section 56 of ''WESA'' provides that if a will-maker gifts, appoints as an executor, or confers power to a person who subsequently ceases to be the spouse of the will-maker under section 2(2) before the will-maker’s death, only that gift, appointment, and/or conferment is revoked, not the entire will.  The gift to the ex-spouse must be distributed as if they die before the will-maker. The application of section 56 of ''WESA'' is subject to any contrary intention in the will.

'''After the will is complete, a Wills Notice should be filed with the Department of Vital Statistics in Victoria''' (''WESA'', at s 73). The purpose of the notice is to record the existence and location of the will and make it easier to find the will after the will-maker’s death. A will-maker is not required by law to file a Wills Notice. However, it is recommended as a wills search must be undertaken by the Executor or Administrator before the Grant of Probate or Grant of Administration are issued.