Succession Act 1965 section 106

Effect of restrictions on capacity

Section 106 clarifies that certain legal restrictions on a person's ability to make a will — such as age or nationality requirements — are to be treated as matters of form rather than substance, for the purposes of determining whether a will is formally valid.

• Any law that limits who can make a will based on age, nationality, or other personal conditions is treated as a matter of form, not capacity.
• This classification as "form" means such restrictions are assessed under the flexible conflict-of-laws rules in this Part, rather than as strict capacity requirements.
• The same treatment applies to laws setting out qualifications that witnesses must have for a will to be valid.
• The rule in section 82 — which voids gifts to an attesting witness or their spouse — is likewise treated as a matter of form.

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