View source for Formal validity of Wills:General rule as to formal validity


'''Queensland:'''
A will is taken to be properly executed if its execution conforms to the internal law in force in the place:(a) where it was executed, or(b) that was the testator's domicile or habitual residence, either at the time the will was executed, or at the testator's death, or (c) of which the testator was a national, either at the date of execution of the will, or at the testator's death.
http://www.austlii.edu.au/au/legis/qld/consol_act/sa1981138/s33t.html


'''New South Wales:'''
A will is taken to be properly executed if its execution conforms to the internal law in force in the place:(a) where it was executed, or(b) that was the testator's domicile or habitual residence, either at the time the will was executed, or at the testator's death, or (c) of which the testator was a national, either at the date of execution of the will, or at the testator's death.	
http://www.austlii.edu.au/au/legis/nsw/consol_act/sa2006138/s48.html


'''Northern Territory:'''
A will is taken to be properly executed if its execution conforms to the internal law in force in the place:(a) where it was executed, or(b) that was the testator's domicile or habitual residence, either at the time the will was executed, or at the testator's death, or (c) of which the testator was a national, either at the date of execution of the will, or at the testator's death.
http://www.austlii.edu.au/au/legis/nt/consol_act/wa91/s46.html


'''South Australia:'''
A will is to be treated as properly executed for all purposes if its execution conformed to the internal law in force in the place where it was executed, or in the place where, at the time of its execution or of the testator's death, he or she was domiciled or had his or her habitual residence, or in a country of which, at either of those times, he or she was a national. 
http://www.austlii.edu.au/au/legis/sa/consol_act/wa193691/s25b.html


'''Tasmania:'''
A will is taken to be properly executed if its execution conforms to the internal law in force in the place:(a) where it was executed, or(b) that was the testator's domicile or habitual residence, either at the time the will was executed, or at the testator's death, or (c) of which the testator was a national, either at the date of execution of the will, or at the testator's death.
http://www.austlii.edu.au/au/legis/tas/consol_act/wa200891/s60.html


'''Victoria:'''
A will is taken to be properly executed if its execution conforms to the internal law in force in the place:(a) where it was executed, or(b) that was the testator's domicile or habitual residence, either at the time the will was executed, or at the testator's death, or (c) of which the testator was a national, either at the date of execution of the will, or at the testator's death.	
http://www.austlii.edu.au/au/legis/vic/consol_act/wa199791/s17.html


'''Western Australia:'''
A will is taken to be properly executed if its execution conforms to the internal law in force in the place:(a) where it was executed, or(b) that was the testator's domicile or habitual residence, either at the time the will was executed, or at the testator's death, or (c) of which the testator was a national, either at the date of execution of the will, or at the testator's death.	
http://www.austlii.edu.au/au/legis/wa/consol_act/wa197091/s20.html


'''ACT:'''
A will shall be taken to have been properly made if it has been made in accordance with the internal law in force—(a) in the place where the will was made; or(b)in the place where the testator was domiciled at the time—(i)when he or she made the will; or(ii) of his or her death; or(c)in the place where the testator habitually resided at a time referred to in paragraph (b); or d)in the country of which the testator was a national or citizen at a time referred to in paragraph (b).	
http://www.austlii.edu.au/au/legis/act/consol_act/wa196891/s15c.html


'''Draft Wills Bill 1997:'''
A will is taken to be properly executed if its execution conforms to the internal law in force in the place:(a) where it was executed, or(b) that was the testator's domicile or habitual residence, either at the time the will was executed, or at the testator's death, or (c) of which the testator was a national, either at the date of execution of the will, or at the testator's death.
http://www.lawlink.nsw.gov.au/lrc.nsf/pages/R85APPENDIXA