Wills Act 1838

  Table of Contents

  Long Title

1 Short title

2 Interpretation

3 Property disposable by will

4 Will of infant invalid

5 Rules as to formal validity

6 Mode of execution

7 Execution of appointment by will

8 Publication of will not necessary

9 Will not to be invalidated by reason of incompetency of attesting witness

10 Gifts to attesting witness or to wife or husband of attesting witness to be void

11 Creditor attesting a will charging estate with debts to be admitted a witness

12 Executor not incompetent to be witness

13 Will to be revoked by marriage except in certain cases

14 No will to be revoked by presumption from altered circumstances

15 Revocation of will or codicil

16 Effect of obliteration, interlineation or alteration

17 Revival of revoked will

18 Subsequent conveyance or other acts not to prevent operation of will

19 Will to be construed to speak from death of testator

20 Residuary devises to include estates comprised in lapsed and void devises

21 General gift of realty and of personality to include property over which testator has general power of appointment

22 Devise without words of limitation

23 Construction of words importing want or failure of issue

24 Devise of real estate to trustee or executor

25 Devise of real estate to trustee without limitation

26 Gifts to children or other issue who leave issue living at testator’s death not to lapse

27 Saving as to wills of soldiers and mariners

28 Rectification of will

  Legislative History

  Abbreviations