New South Wales Consolidated Acts

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SUCCESSION ACT 2006

- As at 30 November 2016
- Act 80 of 2006

TABLE OF PROVISIONS

           Long Title

CHAPTER 1 - PRELIMINARY

   1.      Name of Act
   2.      Commencement
   3.      Definitions

CHAPTER 2 - WILLS

   PART 2.1 - THE MAKING, ALTERATION, REVOCATION AND REVIVAL OF WILLS

           Division 1 - Making a will

   4.      What property may be disposed of by will?
   5.      Minimum age for making a will

           Division 2 - Executing a will

   6.      How should a will be executed?
   7.      Must witnesses know that they are signing a will?

           Division 3 - Dispensing with requirements for execution, alteration or revocation of a will

   8.      When may the Court dispense with the requirements for execution, alteration or revocation of wills?

           Division 4 - Witnessing a will

   9.      Persons who cannot act as witnesses to wills
   10.     Can an interested witness benefit from a disposition under a will?

           Division 5 - Revocation, alteration and revival of a will

   11.     When and how can a will be revoked?
   12.     Effect of marriage on a will
   13.     What is the effect of divorce or an annulment on a will?
   14.     How a will may be altered
   15.     How a revoked will may be revived

   PART 2.2 - WILLS MADE OR RECTIFIED UNDER COURT AUTHORISATION

           Division 1 - Wills by minors

   16.     Court may authorise minor to make, alter or revoke a will
   17.     Will made by minor under an order of a foreign court

           Division 2 - Court authorised wills for persons who do not have testamentary capacity

   18.     Court may authorise a will to be made, altered or revoked for a person without testamentary capacity
   19.     Information required in support of application for leave
   20.     Hearing of application for leave
   21.     Hearing an application for an order
   22.     Court must be satisfied about certain matters
   23.     Execution of will made under order
   24.     Retention of will
   25.     Separate representation of person lacking testamentary capacity
   26.     Recognition of statutory wills

           Division 3 - Rectification of wills by Court

   27.     Court may rectify a will
   28.     Protection of personal representatives who distribute as if will had not been rectified

   PART 2.3 - CONSTRUCTION OF WILLS

           Division 1 - General rules about construction of wills

   29.     What interest in property does a will dispose of?
   30.     When a will takes effect
   31.     Effect of failure of a disposition
   32.     Use of extrinsic evidence to construe wills
   33.     Effect of a change in testator’s domicile
   34.     Income on contingent, future or deferred dispositions
   35.     Beneficiaries must survive testator by 30 days

           Division 2 - Construction of particular provisions in wills

   36.     What a general disposition of land includes
   37.     What a general disposition of property includes
   38.     Effect of devise of real property without words of limitation
   39.     How dispositions to issue operate
   40.     How are requirements to survive with issue construed?
   41.     Dispositions not to fail because issue have died before testator
   42.     Construction of residuary dispositions
   43.     Dispositions to unincorporated associations of persons
   44.     Can a person, by will, delegate the power to dispose of property?
   45.     Effect of referring to a valuation in a will
   46.     Operation of wills relating to transgender persons

   PART 2.4 - WILLS UNDER FOREIGN LAW

   47.     Definition of “internal law”
   47A.    Part does not limit operation of international will provisions
   48.     General rule as to the validity of a will executed in a foreign place
   49.     Deciding system of law to apply if more than one system of law
   50.     Construction of the law applying to wills under foreign law

   PART 2.4A - INTERNATIONAL WILLS

   50A.    Definitions
   50B.    Application of Convention
   50C.    Persons authorised to act in connection with international wills
   50D.    Witnesses to international wills
   50E.    Application of Act to international wills

   PART 2.5 - DEPOSIT OF AND ACCESS TO WILLS

   51.     Will may be deposited with Registrar
   52.     Delivery of wills by Registrar
   53.     Failure to retain does not affect validity of will
   54.     Persons entitled to inspect will of deceased person

CHAPTER 3 - FAMILY PROVISION

   PART 3.1 - APPLICATION OF CHAPTER

   55.     Interpretation
   56.     Chapter to bind Crown

   PART 3.2 - FAMILY PROVISION ORDERS

           Division 1 - Applications for family provision orders

   57.     Eligible persons
   58.     When an application may be made

           Division 2 - Determination of applications

   59.     When family provision order may be made
   60.     Matters to be considered by Court
   61.     Other possible applicants
   62.     Interim family provision orders and orders restraining distribution of the estate

           Division 3 - Property that may be used for family provision orders

   63.     Property that may be used for family provision orders
   64.     Orders may affect property in or outside jurisdiction

           Division 4 - General provisions relating to family provision orders

   65.     Nature of orders
   66.     Consequential and ancillary orders
   67.     Undertakings to restore property
   68.     Payment for exoneration from liability for orders
   69.     Effect of order vesting property in estate
   70.     Variation and revocation of family provision orders
   71.     Variation and revocation of other orders
   72.     Effect of family provision order
   73.     Application

   PART 3.3 - NOTIONAL ESTATE ORDERS
   Note

           Division 1 - Relevant property transactions

   74.     Definition
   75.     Transactions that are relevant property transactions
   76.     Examples of relevant property transactions
   77.     When relevant property transactions take effect

           Division 2 - When notional estate orders may be made

   78.     Notional estate order may be made only if family provision order or certain costs orders to be made
   79.     Notional estate order may be made where property of estate distributed
   80.     Notional estate order may be made where estate affected by relevant property transaction
   81.     Notional estate order may be made where estate affected by subsequent relevant property transaction
   82.     Notional estate order may be made where property of deceased transferee’s estate held by legal representative or distributed
   83.     Disadvantage and other matters required before order can be made
   84.     Effect of notional estate order
   85.     More than one notional estate order may be made
   86.     Power subject to Division 3

           Division 3 - Restrictions and protections relating to notional estate orders

   87.     General matters that must be considered by Court
   88.     Estate must not be sufficient for provision or order as to costs
   89.     Determination of property to be subject to notional estate order
   90.     Restrictions on out of time or additional applications

   PART 3.4 - MISCELLANEOUS

   91.     Grant of probate or administration to enable application to be dealt with
   92.     Substitution of property affected by orders or proposed orders
   93.     Protection of legal representative who distributes after giving notice
   94.     Protection of legal representative in other circumstances
   95.     Release of rights under Chapter
   96.     Revocation of approval of release
   97.     Court may determine date of death
   98.     Mediation, orders with consent and costs
   99.     Costs
   100.    Evidence

CHAPTER 4 - INTESTACY

   PART 4.1 - PRELIMINARY

   101.    Definitions
   102.    Intestate
   103.    Entitlement to the whole of the intestate estate
   104.    Spouse
   105.    Domestic partnership
   106.    Spouse’s statutory legacy
   107.    Survivorship
   108.    General limitation of non-spousal entitlements
   109.    Adoption
   109A.   Surrogacy arrangements

   PART 4.2 - SPOUSE’S ENTITLEMENTS
   Note

           Division 1 - Entitlement of surviving spouse

   110.    Application of this Division
   111.    Spouse’s entitlement where no issue
   112.    Spouse’s entitlement where issue are also issue of the spouse
   113.    Spouse’s entitlement where any issue are not issue of the spouse

           Division 2 - Spouse’s preferential right to acquire property from the estate

   114.    Application of this Division
   115.    Spouse’s right of election
   116.    Notice to be given to spouse of right of election
   117.    Time for making election
   118.    How election to be made
   119.    Basis of the election
   120.    Exercise price-how satisfied
   121.    Restriction on disposal of property from intestate estate

           Division 3 - Multiple spouses

   122.    Spouses’ entitlement where there are more than one spouse but no issue
   123.    Spouses’ entitlement where issue are also issue of one or more of the spouses
   124.    Spouses’ entitlement where any issue are not issue of a surviving spouse
   125.    Sharing between spouses
   126.    Distribution orders

   PART 4.3 - DISTRIBUTION AMONG RELATIVES
   Note

   127.    Entitlement of children
   128.    Parents
   129.    Brothers and sisters
   130.    Grandparents
   131.    Aunts and uncles
   132.    Entitlement to take in separate capacities

   PART 4.4 - INDIGENOUS PERSONS’ ESTATES

   133.    Application for distribution order
   134.    Distribution orders
   135.    Effect of distribution order under this Part

   PART 4.5 - ABSENCE OF PERSONS ENTITLED

   136.    Intestate leaving no persons entitled
   137.    State has discretion to make provision out of property to which it becomes entitled

   PART 4.6 - MISCELLANEOUS

   138.    Non-deferral of the interest of a minor
   139.    Effect of disclaimer etc
   140.    Effect of testamentary and other gifts

CHAPTER 5 - MISCELLANEOUS

   141.    Service of documents
   142.    Rules of Court
   143.    Regulations
   144.    Savings, transitional and other provisions
   145.    Review of Act
           SCHEDULE 1
           SCHEDULE 2
           Schedule 3 (Repealed)


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