Section 40 — Wills Act 2007: Wills made before 1 November 2007

40 Wills made before 1 November 2007 (1) The subsections in this section must be applied cumulatively. This means, for example, that subsections (2), (3), and (4) apply to a will made in 1969. (2) For wills made before 1 November 2007,— (a) section 8(4) does not apply; and (b) section 9(2) must be read as if it said “ of 16 or 17 years ” , not “ under 18 years ” ; and (c) section 9(3) must be read as if it said “ of 16 or 17 years ” , not “ under 18 years ” ; and (d) section 9(3)(c) does not apply; and (e) section 9(3)(d) must be read as if— (i) it said “ District Court or Public Trust ” , not “ Family Court ” ; and (ii) it said “ making or revoking a will ” , not— “ (i) making, changing, revoking, and reviving a will; or “ (ii) doing whichever of those actions he or she asked the court to approve ” ; and (f) section 9(3)(e) must be read as if— (i) it said “ District Court or Public Trust ” , not “ Family Court ” ; and (ii) it did not contain the words “ , with or without conditions, ” ; and (iii) it said “ making or revoking a will ” , not— “ (i) making, changing, revoking, or reviving a will; or “ (ii) doing whichever of those actions he or she asked the court to approve ” ; and (g) section 9(4) must be read as if it said “ of 16 or 17 years ” , not “ under 18 years ” ; and (h) section 10 does not apply; and (i) section 11(3)(a) and (b) must be read as if the words “ at its foot or end ” appeared at the end of each of them; and (j) section 13(2)(c) and (d) do not apply; and (k) section 14 does not apply; and (l) section 15(d) does not apply; and (m) section 16(c) must be read as if it did not contain the words “ or enters a civil union ” ; and (n) section 16(g) and (h) do not apply; and (o) section 18(1), (3), and (4) must be read as if they did not contain the words “ or enters a civil union ” , “ or civil union ” , and “ or entering a civil union ” ; and (p) section 18(2)(a) does not apply; and (q) section 19 must be read as if— (i) subsection (2)(a), and the references to it in subsection (2)(c) and (d), did not appear; and (ii) the words “ in relation to the dissolution of a marriage ” appeared at the end of subsection (2)(b); and (iii) subsections (3) to (5) did not contain the words “ or partner ” and “ or partner's ” ; and (r) sections 24 , 25 , 28 , and 30 do not apply. (3) For wills made before 26 April 2005,— (a) section 9 must be read as if subsections (2) and (3) did not contain the words “ , in a civil union, or in a de facto relationship ” and “ or enter a civil union with him or her ” ; and (b) section 13(1) must be read as if it said “ witness's wife or husband ” , not “ witness's wife, husband, civil union partner, or de facto partner ” . (4) For wills made before 1 January 1970, section 9 must be read as if— (a) subsections (1) and (4) said “ 21 years ” , not “ 18 years ” ; and (b) subsections (2) and (3) did not appear. (5) For wills made before 1 January 1959, section 23 must be read as if— (a) subsections (2)(b) and (3) did not appear; and (b) subsection (4) did not contain the words “ or grandchildren ” . (6) For wills made before 27 October 1955, section 22 does not apply. (7) For wills made before 5 December 1944, section 18(2)(b) and (3) do not apply. Compare: 1955 No 94 ss 11(5) , 13(2) , 14(5) , 16(6) , (7) ; 1969 No 40 ss 2(4) , 5 ; 1977 No 55 ss 2(5) , 3(2) , 4 ; 2005 No 25 s 8(1)