View source for Gift to Attesting Witnesses


'''Queensland:'''
The disposition is void to the extent it concerns the interested witness or a person claiming under the interested witness. However, a beneficial disposition given or made by will is not made void by this section if:(a) at least 2 of the people who attested the execution of the will are not interested witnesses, or (b) all the persons who would benefit directly from the avoidance of the disposition consent in writing to distribution of the disposition according to the will (if those persons have the capacity to give that consent), or (c) the Court is satisfied that the testator knew and approved of the disposition and it was given or made freely and voluntarily by the testator.
http://www.austlii.edu.au/au/legis/qld/consol_act/sa1981138/s11.html


'''Northern Territory:'''
The disposition is void to the extent it concerns the interested witness or a person claiming under the interested witness. However, a beneficial disposition given or made by will is not made void by this section if:(a) at least 2 of the people who attested the execution of the will are not interested witnesses, or (b) all the persons who would benefit directly from the avoidance of the disposition consent in writing to distribution of the disposition acc. to the will (if those persons have the capacity to give that consent), or (c) the Court is satisfied that the testator knew and approved of the disposition and it was given or made freely and voluntarily by the testator.
http://www.austlii.edu.au/au/legis/nt/consol_act/wa91/s12.html


'''South Australia:'''
No will or testamentary provision in a will is void by reason only of the fact that the execution of the will is attested by a person, or the spouse or domestic partner of a person, who has or may acquire, in terms of the will or provision, any interest in property subject to the will or provision.
http://www.austlii.edu.au/au/legis/sa/consol_act/wa193691/s17.html


'''Tasmania:'''
Where a beneficial disposition is made by a will to a person who attests the execution of the will, the disposition is void so far only as concerns that person or any person claiming under that person. A beneficial disposition made by a will is not made void by subsection (1) if –(a) 2< persons have attested execution of will and at least 2 of them are not persons to whom any such disposition is made or spouses of any such persons; or(b) all persons who would benefit directly from the avoidance of the disposition consent in writing to distribution of disposition according to the will and they all have capacity at law to do so.
http://www.austlii.edu.au/au/legis/tas/consol_act/wa200891/s12.html


'''Victoria:'''
A person who witnesses a will or his or her spouse or domestic partner, at the time the will is witnessed, is not disqualified from taking a benefit under the will.
http://www.austlii.edu.au/au/legis/vic/consol_act/wa199791/s11.html


'''ACT:'''
The disposition is void to the extent it concerns the interested witness or a person claiming under the interested witness. However, a beneficial disposition given or made by will is not made void by this section if:(a) at least 2 of the people who attested the execution of the will are not interested witnesses, or (b) all the persons who would benefit directly from the avoidance of the disposition consent in writing to distribution of the disposition acc. to the will (if those persons have the capacity to give that consent), or (c) the Court is satisfied that the testator knew and approved of the disposition and it was given or made freely and voluntarily by the testator.
http://www.austlii.edu.au/au/legis/nsw/consol_act/sa2006138/s10.html


'''Draft Wills Bill 1997:'''
(1) If any beneficial disposition is given by will to a person who attests execution of will, disposition is valid unless it concerns the interested witness or any person claiming under the interested witness.(2) However, a beneficial disposition given or made by will is not made void by this section if:(a) at least 2 of the people who attested the execution of the will are not interested witnesses, or (b) all the persons who would benefit directly from the avoidance of the disposition consent in writing to distribution of the disposition according to the will (if those persons have the capacity to give that consent), or (c) the Court is satisfied that the testator knew and approved of the disposition and it was given or made freely and voluntarily by the testator.
http://www.lawlink.nsw.gov.au/lrc.nsf/pages/R85APPENDIXA