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StatuteWills Act 2007

Section 13 — Wills Act 2007: Witnesses affected by dispositions made to them

Text of the provision Official document

13 Witnesses affected by dispositions made to them (1) A disposition of property in a will is void if— (a) the disposition is to a witness; or (b) the disposition is to a witness's wife, husband, civil union partner, or de facto partner; or (c) the property would go to a person claiming under a person described in paragraph (a) or (b). (2) Subsection (1) does not apply if— (a) the will has at least 2 witnesses who are not described in the subsection; or (b) the disposition is the repayment of a debt to a person described in the subsection; or (c) all the persons who would benefit directly from the avoidance of the disposition— (i) consent in writing or electronically to the distribution of the property; and (ii) have legal capacity to give consent; or (d) the High Court is satisfied that the will-maker— (i) knew and approved of the disposition; and (ii) made the disposition voluntarily. Compare: Wills Act 1837 ss 15 , 16 (UK); 1977 No 55 s 3(1) ; 2005 No 25 ss 3 , 4 , 7

Official source: legislation.govt.nz

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