Wills Regulations 1997

Wills Regulations 1997

I, the Governor in and over the State of Tasmania and its Dependencies in the Commonwealth of Australia, acting with the advice of the Executive Council, make the following regulations under the Wills Act 1992 .

11 August 1997

G. S. M. GREEN

Governor

By His Excellency's Command,

R. J. GROOM

Minister for Justice

1.   Short title

These regulations may be cited as the Wills Regulations 1997 .

2.   Commencement

These regulations take effect on 1 September 1997.

3.   Interpretation

In these regulations –

Act means the Wills Act 1992 ;

health care professional includes a psychiatrist, any other medical practitioner and a psychologist;

proposed represented person means the person for whom a will is proposed to be made.

4.   Application for statutory will

(1)  For the purposes of section 27C(b) of the Act, the prescribed information is –

(a) the name and address of each of the following:

(i) the applicant;

(ii) the proposed represented person;

(iii) any person who may, or would, benefit under the proposed will;

(iv) any health care professional who has examined the proposed represented person and has provided a report as mentioned in paragraph (c) ; and

(b) in respect of each person referred to in paragraph (a) , the telephone number or other means of transmission referred to in subregulation (2) ; and

(c) a report from a health care professional giving an opinion whether the proposed represented person is capable of making a will for himself or herself and whether he or she is likely to acquire or regain testamentary capacity at any future time or, if there is no such report, a statement of reasons satisfactory to the Board why the report cannot be provided; and

(d) details of any statement made by the proposed represented person as to his or her testamentary wishes or any other evidence of those wishes; and

(e) details of any person who would be entitled to receive any part of the estate of the proposed represented person if he or she dies intestate; and

(f) details of any statement made by any person as to whether an application will, or might, be made by any person entitled to claim under the Testator's Family Maintenance Act 1912 in respect of the property of the proposed represented person; and

(g) details of any person for whom the proposed represented person might reasonably be expected to make provision under a will; and

(h) details of any gift for a charitable or other purpose that the proposed represented person might reasonably be expected to give or make by a will; and

(i) details of the assets owned by the proposed represented person and any other assets in which he or she is likely to acquire an interest.

(2)  For the purposes of subregulation (1)(b) , a reference to a telephone number is taken to include a reference to any other means by which a copy of a document may be transmitted by facsimile process or any electronic or similar process approved by the Board.

5.   Application to be supported by declaration

(1)  An application under section 27C of the Act is to be supported by a declaration by the person making the application that all the information contained in the application is true and accurate, that it is not misleading and that no details relevant to the application have been omitted.

(2)  If any such application contains a statement that is false or misleading in a material particular, the person making the application is guilty of an offence and is liable on summary conviction to a fine not exceeding 5 penalty units.

Displayed and numbered in accordance with the Rules Publication Act 1953.

Notified in the Gazette on 20 August 1997

These regulations are administered in the Department of Justice.

EXPLANATORY NOTE

(This note is not part of the regulation)

These regulations prescribe the information to be provided to the Guardianship and Administration Board in support of an application for a statutory will under section 27A of the Wills Act 1992 .