Succession Act 1965 section 107

Construction of testamentary disposition

Section 107 establishes the rules for how a will or testamentary disposition should be interpreted when the testator's domicile has changed or when the law has been altered after the will was made.

• The interpretation of a will is not affected by any change in the testator's domicile after the will was made.
• Whether a will complies with a particular law is judged by reference to the legal requirements in force at the time the will was made.
• However, if the law is subsequently changed in a way that would make a previously non-compliant will valid, that later change in law can be taken into account.
• These rules provide certainty for testators by preserving the meaning and validity of their wills against later changes in circumstances or legislation.