Wills Amendment Act 1955

1: Short Title
This Act may be cited as the Wills Amendment Act 1955.
2: Act to be read with the
Wills Act 1837
1: This Act, and the Wills Act Amendment Act 1852 Imperial Laws Application Act 1988 Wills Act 1837
2: It is hereby declared that the provisions of the Acts Interpretation Act 1924 Parliament of New Zealand
1: Wills of servicemen and sailors
3: Interpretation
In this Part of this Act, unless the context otherwise requires,— Allied armed force Commonwealth Emergency force section 8 Enemy the Defence Act 1990 Enemy: The Defence Act 1990, being the corresponding enactment in force, has been substituted Formal revocation section 9 Formal will section 9 Informal will section 9 New Zealand armed forces Armed Forces Discipline Act 1971 New Zealand armed forces: The definition of this term was substituted 1 December 1983 208(1) Armed Forces Discipline Act 1971 Prisoner of war Privileged person section 4 Naval Discipline Act: A definition of this term was repealed 1 December 1983 208(1) Armed Forces Discipline Act 1971 See
4: Persons who are privileged under this Part of this Act in respect of making wills
Without restricting the powers conferred by the principal Act or any other enactment, it is hereby declared that every person, whether male or female, shall be a privileged person for the purposes of this Part of this Act at any material date, if at that date,—
a: New Zealand is engaged in any war and the person is outside New Zealand as a member of the New Zealand armed forces or of any Commonwealth or Allied armed forces which was raised or partly raised in New Zealand; or
b: The person is—
i: A member of any emergency force; or
ii: A member of any part of the New Zealand armed forces, or of any Commonwealth or Allied armed force, who is serving in operations against an enemy; or
iii: A member of any armed force who is in actual military service or who is so circumstanced that if he were a soldier he would be in actual military service; or
iv: A mariner or seaman who is at sea; or
v: A prisoner of war who was a privileged person immediately before his capture or internment. Wills Act 1837 11 1916 No 13 s 34 SR 1939/276, reg 6 SR 1952/184, reg 4
5: Privileged persons may make informal wills
1: Subject to the provisions of this Part of this Act, any privileged person may make an informal will.
2: Without limiting the general power conferred by subsection (1)
a: Dispose of the whole or any part of his real and personal estate which devolves in accordance with the law of New Zealand:
b: Exercise any power of appointment that may in accordance with the law of New Zealand be lawfully exercised by a formal will:
c: Revoke wholly or in part any previous formal or informal will:
d: Appoint any person as guardian of his infant children:
e: Make any other provision whatsoever which may lawfully be made by a formal will.
3: It is hereby declared that any privileged person may revoke any previous formal or informal will by any words whether written or spoken declaring an intention to revoke the same.
4: Subject to the provisions of this Part of this Act, all the provisions of the principal Act which have effect as part of the law of New Zealand (except section 9
5: Section 111 of the Maori Affairs Act 1953 section 114 of that Act
6: Notwithstanding anything to the contrary in any other enactment, an informal will may be proved upon such evidence as the Court may consider sufficient. 1916 No 13 s 34(1) SR 1939/276, regs 8, 9 In subsection (5), sections 111 and 114 of the Maori Affairs Act 1953 were repealed Maori Affairs Amendment Act 1967 As to the power of the Maori Trustee to elect to administer small estates without grant of administration of an informal will, see section 12A(7) of the Maori Trustee Act 1953.
6: Wills of minors who are or are about to become privileged persons and revocations thereof
Notwithstanding anything to the contrary in section 2 Wills Amendment Act 1969
a: An informal will made by a privileged person who is under the age of 18 years
b: A formal will made by a testator who is under the age of 18 years
i: Is a privileged person; or
ii: Has received orders to train for or join any emergency force; or
iii: Has received orders to train for or join any part of the New Zealand armed forces, or of any Commonwealth or Allied armed force which was raised or partly raised in New Zealand, for service outside New Zealand in connection with any war in which New Zealand is engaged; or
iv: Has received orders to train for or join any part of the New Zealand armed forces, or of any Commonwealth or Allied armed force, for service in operations against an enemy; or
v: Has received orders to join any ship as a mariner or seaman; or
vi: Is a member of the New Zealand Army or the Royal New Zealand Air Force and is deemed, under the Defence Act 1990
vii: Is a member of the Regular Field Force of the New Zealand Army:
c: A formal revocation of a will which depends for its validity on this Part of this Act, or a burning, tearing, or other destruction of any such will by or by direction and in the presence of the testator with the intention of revoking the same, shall, notwithstanding that the formal revocation, burning, tearing, or other destruction is made or occurs, or the direction is given, while the testator is under the age of 18 years 1918 No 10 s 23 SR 1939/276, reg 3 SR 1952/184, reg 3 In the third line the words 2 of the Wills Amendment Act 1969 substituted seven of the principal Act 3(1)(a) Wills Amendment Act 1969 In paras (a), (b), and (c) the words 18 years substituted twenty-one years 3(1)(b) Wills Amendment Act 1969 In paragraph (b), the word or added Wills Amendment Act 1962 In paragraph (b)(vi) the Defence Act 1971, being the corresponding enactment in force at the date of this reprint, has been substituted
6A: Evidence of privilege, etc
1: A certificate in connection with any fact which has to be proved to establish that at any material date any person was a privileged person, or was entitled under paragraph (b) 18 years
a: In the case of any person who at the material date was a member of the New Zealand Naval Forces those forces
b: In the case of any person who at the material date was a member of the New Zealand Army, by an officer of that Army:
c: In the case of any person who at the material date was a member of the Royal New Zealand Air Force, by an officer of that Air Force:
d: In the case of any person who at the material date was a mariner or seaman on any ship or had received orders to join any ship as a mariner or seaman, by an officer on that ship.
2: Notice shall be taken judicially without further proof of the appointment and signature of any such officer. This section was inserted Wills Amendment Act 1962 In subsection (1) the words 18 years substituted twenty one years 3(1)(b) Wills Amendment Act 1969 In subsection (1)(a) the words New Zealand Naval Forces those forces substituted Royal New Zealand Navy that Navy Defence Act 1971 See
7: Modifications of principal Act in relation to wills of privileged persons
1: Nothing in section 15 wife, husband, civil union partner, or de facto partner
2: Notwithstanding anything to the contrary in section 20 18 years
3: Nothing in section 21 section 9
a: By the testator or by some person in his presence and by his direction; and
b: While the testator was a privileged person, whether or not he had attained the age of 18 years Subsection (1) amended 26 April 2005 5 Wills Amendment Act 2005 by substituting the words wife, husband, civil union partner, or de facto partner wife or husband See section 8 In subsections (2) and (3) the words 18 years substituted 1 July 1978 21 years 4(1) Wills Amendment Act 1977
8: Declaration of emergency force
The Minister of Defence may, by notice in the Gazette SR 1952/184, reg 2
9: Will by oral declaration to become void unless testator dies within 12 months
1: Where any testator who dies after the commencement of this Act has (whether before or after the commencement of this Act) made a valid informal will which has not been validly revoked and which was not either expressed in writing and signed by the testator, or wholly written by the testator, at a time when he could make a valid informal will, the will shall not have any force or effect unless,—
a: In a case where the testator was a prisoner of war when he made the will or became a prisoner of war within 12 months after he had made the will, the testator dies while he is a prisoner of war or within 12 months after he ceased to be a prisoner of war:
b: In any other case, the testator dies within 12 months after he made the will.
2: In this section the term will 1916 No 13 s 34(2)
10: Special provisions in respect of wills of seamen and naval ratings
1: Nothing in this Part of this Act shall affect the provisions of section 110 of the Shipping and Seamen Act 1952
2: The Minister of Defence, after considering a report from the Secretary of Defence High Court the Crown in respect of his service in the Naval Forces Provided that no such certificate shall be issued in respect of any will unless the Minister of Defence is satisfied that the validity of the will in respect of the said assets is to be determined according to the law of New Zealand. Navy and Marines (Wills) Act 1865, ss 5, 6 (UK) Navy and Marines (Wills) Act 1939, s 1 (UK) In subsection (2), the words Secretary of Defence substituted Naval Board of the New Zealand Defence Council Defence Act 1964 substituted any Naval Authority Defence Act 1971 substituted 12 Judicature Amendment Act 1979
11: Repeals, revocations, and savings
1:
2: For the avoidance of doubt it is hereby declared that the following enactments of the United Kingdom Parliament shall not have effect as part of the law of New Zealand:
a: The Navy and Marines (Wills) Acts 1865 to 1939:
b: Section 12
3: The War Legislation Amendment Act 1916 section 23 of the War Legislation and Statute Law Amendment Act 1918
4: The Soldiers' Wills Emergency Regulations 1939 Soldiers' Wills Emergency Regulations 1939, Amendment No 2
5: Except as provided in section 9 Provided that this Part of this Act shall apply, and the enactments mentioned in subsections (1) to (4)
6: The Kayforce Wills Notice 1953 section 8
2: Miscellaneous
12: Section 12 repealed 1 January 1970 3(1)(c) Wills Amendment Act 1969
13: Wills in contemplation of marriage
1: Notwithstanding anything in section 18
2: This section applies only to wills made on or after the 5th day of December 1944 (being the date of the passing of the Law Reform Act 1944
3: Section 39 Property Law Act 1952 1952 No 51 39
14: Law which determines validity of will of movable property
1: Every will and other testamentary instrument made out of New Zealand by any person (whatever may be his domicile at the time of making the same or at the time of his death) shall, as regards movable property, be held to be well executed for the purpose of being admitted in New Zealand to probate if made as required by—
a: The law of the place where the person was domiciled at the time of his death; or
b: The law of the place where the same was made; or
c: The law of the place where the person was domiciled when the same was made; or
d: The law in force when the same was made in the place where the person had his domicile of origin.
2: Every will and other testamentary instrument made within New Zealand by any person (whatever may be his domicile at the time of making the same or at the time of his death) shall, as regards movable property, be held to be well executed for the purpose of being admitted in New Zealand to probate if made as required by—
a: The law of the place where the person was domiciled at the time of his death; or
b: The law of New Zealand; or
c: The law of the place where the person was domiciled when the same was made.
3: No will or other testamentary instrument of any person shall, so far as it relates to movable property in New Zealand, be held to be revoked or to have become invalid, nor shall the construction thereof be altered, by reason only of any subsequent change of domicile of the person making the same.
4: In this section— Land Movable property
5: This section shall apply to all wills made on or after the date of the commencement of this Act. The validity of all other wills shall be determined as if this section had not been passed.
6: Section 40 of the Administration Act 1952 1952 No 56 s 40
15: Declaration that certain spent provisions of principal Act shall cease to have effect as part of law of New Zealand
It is hereby declared that sections 2 4 5 8 32 36 The words in square brackets were substituted and 32 Wills Amendment Act 1958
16: Statutory substitutional gift
1: Unless a contrary intention appears by the will, where any person is a child or other issue of the testator to whom (whether as a named or designated person or as a member of a class) any property is devised or bequeathed or appointed in terms that would enable that person to take the property for any estate or interest not determinable at or before the death of that person if that person survived the testator, and that person dies in the lifetime of the testator (whether before or after the testator makes the will) leaving any child or children living at the time of the death of the testator, the devise or bequest or appointment shall take effect as if the will had contained a substitutional gift devising or bequeathing or appointing the property to such of the children of that person as are living at the time of the testator's death and if more than one in equal shares.
2: Without restricting the manner in which a testator may show an intention to negative the operation of subsection (1)
a: To a devise or bequest or appointment to any person which is in any way expressed to be conditional on the person being alive at or after the time of the death of the testator or any time or event which in the events that happen is subsequent to the time of the death of the testator; or
b: Where any devise or bequest or appointment is in any way expressed to be conditional on the fulfilment of any other contingency and that contingency has not been fulfilled before the time of the testator's death.
3: Subsection (1)
a: Any specific bequest or specific appointment of any personal chattels:
b: Any devise or bequest or appointment to any person as one of 2 or more joint tenants.
4: In this section— Appointment appointed appointing Child
a: In relation to a testator, means any child of the testator:
b: In relation to any person to whom any property is devised or bequeathed or appointed as aforesaid, means a child of that person: In subsection (4) the definition of the term child was substituted 12(2) Status of Children Act 1969 issue (whether legitimate or illegitimate in any generation) omitted Issue In subsection (4) the definition of the term child was substituted 12(2) Status of Children Act 1969 (whether legitimate or illegitimate in any generation) omitted Personal chattels the Administration Act 1969 In subsection (4), in the definition of the term personal chattels, the Administration Act 1969, being the corresponding enactment in force, has been substituted Property
5:
6: This section shall not apply to any will made before the 1st day of January 1959.
7: For the purposes of the law of New Zealand, section 33
8: For the purposes of this section every will which is re-executed or confirmed or revived by any codicil shall be deemed to have been made at the time when it was first made, and not at the time when it was re-executed or confirmed or revived. This section was added Wills Amendment Act 1958 In subsection (3) the words Subsection (1) inserted Wills Amendment Act 1960 See section 3(1)(g) of the Simultaneous Deaths Act 1958. Subsection (5) repealed 1 January 1970 12(2) Status of Children Act 1969