Section Sch — Wills Act 2007: Consequential amendments

Schedule Consequential amendments s 41 Family Courts Act 1980 (1980 No 161) Section 11(1): insert after paragraph (gc): “ (gd) the Wills Act 2007: ” . Life Insurance Act 1908 (1908 No 105) Section 66C(1)(a)(iii): omit and substitute: “ (iii) dispose of the policy by will in accordance with section 9 or 10 of the Wills Act 2007 or section 2 of the Wills Amendment Act 1969 or section 6 of the Wills Amendment Act 1955: ” . Maori Trustee Act 1953 (1953 No 95) Section 12A(7): omit and substitute: “ (7) An election may be filed under this section relating to a written informal will to which subpart 3 of Part 2 of the Wills Act 2007 or the Wills Amendment Act 1955 applies. This section does not apply to any other informal will. ” Property (Relationships) Act 1976 (1976 No 166) Section 64(a): omit “ and the deceased spouse or civil union partner dies intestate ” and substitute “ when the deceased spouse or civil union partner dies ” . Protection of Personal and Property Rights Act 1988 (1988 No 4) Section 55(5): omit and substitute: “ (5) The following provisions apply to a testamentary disposition authorised and executed under this section: “ (a) it is valid despite— “ (i) section 11 of the Wills Act 2007; and “ (ii) sections 9 and 10 of the Wills Act 1837 of the United Kingdom Parliament; and “ (b) it has the same effect for all purposes as it would have had if the person subject to the property order— “ (i) had had testamentary capacity; and “ (ii) had executed the testamentary disposition in the manner required by the applicable section. ” Public Trust Act 2001 (2001 No 100) Section 93(8): omit and substitute: “ (8) An election may be filed under this section relating to a written informal will to which subpart 3 of Part 2 of the Wills Act 2007 or the Wills Amendment Act 1955 applies. This section does not apply to any other informal will. ” Simultaneous Deaths Act 1958 (1958 No 37) Section 3(1)(e) to (h): omit and substitute: “ (e) if any of 2 or more possible beneficiaries under a will or trust or other disposition have died as described, and would be given property under the will or trust or other disposition if any of them could be shown to have survived the other or others, the following provisions apply: “ (i) the will or trust or disposition takes effect as if the property were given to those possible beneficiaries as tenants in common in equal shares; and “ (ii) the property passes accordingly; and “ (iii) subparagraphs (i) and (ii) do not apply if the will or trust or disposition shows a contrary intention; and “ (iv) subparagraphs (i) and (ii) do not apply if paragraph (c) or (f) applies: “ (f) if any of 2 or more persons who have died as described could have exercised a power of appointment over property if any of them could be shown to have survived the other or others, the following provisions apply: “ (i) the power may be exercised as if an equal share of the property had been set apart for appointment by each of the persons; and “ (ii) the power may be exercised as if each of the persons had the power of appointment over the share of the property set apart for him or her; and “ (iii) the share passes in default of appointment by him or her in the manner in which the property would have passed in default of appointment by him or her if he or she had been the survivor of the persons; and “ (iv) subparagraphs (i) to (iii) do not apply if the instrument creating the power shows a contrary intention; and “ (v) subparagraphs (i) to (iii) do not apply if paragraph (c) applies: “ (g) if property is given or appointed by a will or other testamentary instrument to the survivor of 2 or more of the testator's children or issue, and all or the last survivors of the children or issue are persons who have died as described, section 23 of the Wills Act 2007 or section 16 of the Wills Amendment Act 1955 takes effect as if the gift or appointment were in equal shares to the children or issue who— “ (i) have died as described; and “ (ii) have a child or children living at the testator's death: “ (h) if the persons who have died as described include a testator and 1 or more of the testator's issue, the following provisions apply for the purposes of section 33 of the Wills Act 1837 of the United Kingdom Parliament: “ (i) the testator is treated as having survived, but died immediately after, all the testator's issue who have died as described; and “ (ii) a gift by the testator to any of the testator's issue who has died as described or has already died in the testator's life time ( donee ) takes effect under section 33 if any of the donee's issue is living at the testator's death and is not a person who has died as described; and “ (iii) subparagraphs (i) and (ii) do not apply if the testator's will shows a contrary intention: ” . Trustee Companies Act 1967 (1967 No 35) Section 36(8): omit and substitute: “ (8) An election may be filed under this section relating to a written informal will to which subpart 3 of Part 2 of the Wills Act 2007 or the Wills Amendment Act 1955 applies. This section does not apply to any other informal will. ”