(1) Every minor after he or she marries or enters into a civil union or a de facto relationship or on or after attaining the age of 18 years shall be competent to make a valid Will or revoke a will in all respects as if he or she were of full age.
(2) Every minor who is of or over the age of 16 years, but has never been married, in a civil union, or in a de facto relationship and has not attained the age of 18 years, may, with the approval of Public Trust or of a District Court, make a will or revoke a will, and every will so made and every revocation so effected shall be valid and effective as if he or she were of full age.
(3) The approval required by subsection (2) of this section shall be given if Public Trust or the Court is satisfied that the minor understands the effect of the will or the revocation, as the case may be.
(4) Except as provided in section 6 of the Wills Amendment Act 1955 or in subsection (1) or subsection (2) of this section, no will made, and no revocation of a will effected, by a person under the age of 18 years shall be valid or effective.
Subsection (1) was amended, as from 26 April 2005, by section 6(1) Wills Amendment Act 2005 (2005 No 25) by substituting the words
“he or she marries or enters into a civil union or a de facto relationship” for the words
“his or her marriage”.
Subsections (2) and (3) were amended, as from 1 March 2002, by section 170(1) Public Trust Act 2001 (2001 No 100) by substituting the words
“Public Trust” for the words
“the Public Trustee” See clause 2 Public Trust Act Commencement Order 2002 (SR 2002/11). See section 171 of that Act for the transitional provisions relating to existing investments in group funds. In subsection (2) the reference to District Court was substituted for a reference to Magistrate's Court by section 18(2) District Courts Amendment Act 1979.
Subsection (2) was amended, as from 26 April 2005, by section 6(2) Wills Amendment Act 2005 (2005 No 25) by inserting the words
“, in a civil union, or in a de facto relationship” after the word