BILL NO. 23
(as passed, with amendments)
1st Session, 60th General Assembly
Nova Scotia
55 Elizabeth II, 2006
Wills Act
(amended)
CHAPTER 49 OF THE ACTS OF 2006
The Honourable Murray K. Scott
Minister of Justice
First Reading: June 30, 2006 (LINK TO BILL AS INTRODUCED)
Second Reading: October 31, 2006
Third Reading: November 17, 2006 (WITH COMMITTEE AMENDMENTS)
Royal Assent: November 23, 2006
An Act to Amend Chapter 505
of the Revised Statutes, 1989,
the Wills Act
Be it enacted by the Governor and Assembly as follows:
1 Section 6 of Chapter 505 of the Revised Statutes, 1989, the Wills Act, is amended by adding "(1)" immediately after the Section number and by adding the following subsection:
2 Chapter 505 is further amended by adding immediately after Section 8 the following Section:
(a) the testamentary intentions of the deceased; or
(b) the intention of the deceased to revoke, alter or revive a will of the deceased or the testamentary intentions of the deceased embodied in a document other than a will,
the court may, notwithstanding that the writing was not executed in compliance with the formal requirements imposed by this Act, order that the writing is valid and fully effective as if it had been executed in compliance with the formal requirements imposed by this Act.
3 (1) Subsection 9(2) of Chapter 505 is amended by striking out "actual military" in the first line and substituting "active".
(2) Subsection 9(3) of Chapter 505 is amended by striking out "actual military" in the fifth line and substituting "active".
4 Section 12 of Chapter 505 is amended by adding "an appointment of an executor or executrix or" immediately after "than" in the first line.
5 Section 15 of Chapter 505 is repealed and the following Section substituted:
(b) the testator was domiciled or had his or her habitual residence when the will was made; or
6 Chapter 505 is further amended by adding immediately after Section 19 the following Section:
(a) a devise or bequest of a beneficial interest in property to the testator's former spouse;
(b) an appointment of the testator's former spouse as executor or trustee; and
(c) the conferring of a general or special power of appointment on the testator's former spouse,
are revoked and the will shall be construed as if the former spouse had predeceased the testator.
7 This Act comes into force on such day as the Governor in Council orders and declares by proclamation.
This page and its contents published by the Office of the Legislative Counsel, Nova Scotia House of Assembly, and © 2006 Crown in right of Nova Scotia. Created December 4, 2006. Send comments to legc.office@novascotia.ca.
