13 Witnesses affected by dispositions made to them

(1)

A disposition of property in a will is void if—

(a)

the disposition is to a witness; or

(b)

the disposition is to a witness’s wife, husband, civil union partner, or de facto partner; or

(c)

the property would go to a person claiming under a person described in paragraph (a) or (b).

(2)

Subsection (1) does not apply if—

(a)

the will has at least 2 witnesses who are not described in the subsection; or

(b)

the disposition is the repayment of a debt to a person described in the subsection; or

(c)

all the persons who would benefit directly from the avoidance of the disposition—

(i)

consent in writing or electronically to the distribution of the property; and

(ii)

have legal capacity to give consent; or

(d)

the High Court is satisfied that the will-maker—

(i)

knew and approved of the disposition; and

(ii)

made the disposition voluntarily.

Compare: Wills Act 1837 ss 15, 16 (UK); 1977 No 55 s 3(1); 2005 No 25 ss 3, 4, 7