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SUCCESSION ACT 1981 - As at 25 May 2020 - Act 69 of 1981

Table of Provisions

PART 1 - PRELIMINARY

  • 1 Short title
  • 2. (Repealed) 3. (Repealed)
  • 4 Application
  • 5 Definitions
  • 5AA Who is a person’s spouse
  • 5A Reference to child or issue of a person
  • 5B Reference to estate of deceased person
  • 5C Notes in text
  • 6 Jurisdiction

PART 2 - WILLS

Division 1 - Application of part 2

  • 7 Application of pt 2

Division 2 - Making a will

  • 8 Property that may be disposed of by will
  • 9 Minimum age for making a will
  • 10 How a will must be executed
  • 11 When an interested witness may benefit from a disposition
  • 12 When an interpreter may benefit from a disposition

Division 3 - Revoking, altering or reviving a will

  • 13 How a will may be revoked
  • 14 Effect of marriage on a will
  • 14A Effect of civil partnership on a will
  • 15 Effect of divorce or annulment on a will
  • 15A Effect of end of civil partnership on a will
  • 15B Effect of end of de facto relationship on a will
  • 16 How a will may be altered
  • 17 How a revoked will may be revived

Division 4 - Powers of court

Subdivision 1 - Execution requirements
  • 18 Court may dispense with execution requirements for will, alteration or revocation
  • Subdivision 2 - Minors
  • 19 Court may authorise minor to make, alter or revoke a will
  • 20 Execution of will or other instrument made under order
  • Subdivision 3 - Persons without testamentary capacity
  • 21 Court may authorise a will to be made, altered or revoked for person without testamentary capacity
  • 22 23. Information required by court in support of application for order under s 21
  • 24. (Repealed)
  • 25 Hearing an application for an order under s 21
  • 26 Execution of will or other instrument made under order
  • 27 Validity of will or other instrument made under order
  • 28 Relationship with Guardianship and Administration Act 2000 and Powers of Attorney Act 1998
  • Subdivision 4 - Particular wills held by registrar
  • 29 Registrar to hold will or other instrument made under order under s 19
  • 30 Registrar to hold will or other instrument made under order under s 21
  • 31 Envelope required for will held by registrar
  • 32 Delivery of will or other instrument if testator has died
  • Subdivision 5 - Rectification
  • 33 Court may rectify a will
  • 33A Protection of personal representatives who distribute as if the will had not been rectified

Division 5 - Interpretation of wills

  • 33B Beneficiaries must survive testator for 30 days
  • 33C Use of evidence to interpret a will
  • 33D Effect of a change in testator’s domicile
  • 33E When a will takes effect
  • 33F Will operates to dispose of remaining interest in property if part interest disposed of before death
  • 33G Effect of a failure of a disposition of property
  • 33H Income of contingent, future or deferred disposition of property
  • 33I What a general disposition of land includes
  • 33J What a general disposition of property includes
  • 33K Effect of a disposition of real property without words of limitation
  • 33L How dispositions of property to issue operate
  • 33M How requirements to survive with issue are interpreted
  • 33N Dispositions not to fail because issue have died before testator
  • 33O Disposition of real estate or personal estate may include both in particular case
  • 33P Disposition of fractional part in particular case
  • 33Q Dispositions to unincorporated associations of persons
  • 33R When a person may delegate power to dispose of property by a will
  • 33S Effect of reference to valuation in will

Division 6 - Wills with a foreign connection

  • 33T Wills that are taken to be properly executed
  • 33U Deciding system of law to apply if more than 1 system of internal law
  • 33V Formal requirements at time of execution apply
  • 33W Matters that are taken to be formal requirements
  • 33X Will by minor made under an order of a foreign court
  • 33Y Recognition of statutory wills made by non-Queensland resident

Division 6A - International wills

  • 33YA Definitions for div 6A
  • 33YB Application of Convention
  • 33YC Persons authorised to act in connection with international wills
  • 33YD Witnesses to international wills
  • 33YE Application of Act to international wills

Division 7 - Miscellaneous

  • 33Z Persons entitled to inspect a will or to obtain a copy of a will

PART 3 - DISTRIBUTION ON INTESTACY

Division 1 - Interpretation

  • 34 Interpretation
  • 34A Meaning of household chattels
  • 34B Meaning of shared home and related definitions

Division 2 - Distribution rules

  • 35 Distribution of residuary estate on intestacy
  • 36 Distribution of entitlement if more than 1 spouse
  • 36A Distribution of issue’s entitlement
  • 37 Distribution of next of kin’s entitlement
  • 38 Partial intestacies
  • 39 Construction of documents—references to statutes of distribution—meaning of ‘heir’

Division 3 - Provisions about shared home

  • 39A Election by spouse to acquire shared home
  • 39B Restriction on right to elect to acquire shared home
  • 39C Acquisition of shared home under election
  • 39D Personal representative not to dispose of intestate’s interest in shared home pending election or if election made

PART 4 - FAMILY PROVISION

  • 40 Definitions for pt 4
  • 40A Meaning of stepchild
  • 41 Estate of deceased person liable for maintenance
  • 42 Court may vary order
  • 43 Manner of computing duty on estate
  • 44 Protection of personal representative

PART 5 - ADMINISTRATION

Division 1 - Devolution of property probate and administration

  • 45 Devolution of property on death
  • 46 Cesser of right of executor to prove
  • 47 Executor of executor represents original testator
  • 48 Provisions as to the number of personal representatives
  • 49 Particular powers of personal representatives
  • 49A Personal representatives may make particular maintenance distribution
  • 50 Rights and liabilities of administrators
  • 51 Abolition of administration bond and sureties
  • 52 The duties of personal representatives
  • 52A Liability of executors for waste
  • 53 Effect of revocation of grant
  • 54 Protection of persons acting informally

Division 2 - Administration of assets

  • 55 Definition for div 2
  • 56 Property of deceased assets for the payment of debts
  • 57 Payment of debts in the case of insolvent estates
  • 58 Retainer, preference and the payment of debts by personal representatives
  • 59 Payment of debts in the case of solvent estates
  • 60 Payment of pecuniary legacies
  • 61 Payments of debts on property mortgaged or charged

PART 5A - TESTAMENTARY APPOINTMENT OF GUARDIANS OF CHILDREN

Division 1 - Preliminary

Division 2 - Appointment of testamentary guardian

  • 61C Appointment of guardian by will
  • 61D When the appointment takes effect
  • 61E Effect of appointment
  • 61F Testamentary guardian to act jointly with other guardians

Division 3 - Applications to the Supreme Court

  • 61G Application by testamentary guardian
  • 61H Application by parent
  • 61I Supreme Court decision on application
  • 61J Supreme Court’s powers not limited
  • 62. (Repealed) 63. (Repealed) 64. (Repealed)

PART 6 - MISCELLANEOUS

  • 65 Presumption of survivorship
  • 66 Survival of actions
  • 67. (Repealed)
  • 68 Commission
  • 69 The registrar
  • 70 Practice
  • 71. (Repealed)
  • 72 Service

PART 7 - TRANSITIONAL PROVISIONS

Division 1 - Transitional provision for Succession Amendment Act 1997

  • 73 Application of amendments made by Succession Amendment Act 1997

Division 2 - Transitional provision for Discrimination Law Amendment Act 2002

  • 74 Application of amendments made by Discrimination Law Amendment Act 2002

Division 3 - Transitional provision for Civil Liability (Dust Diseases) and Other Legislation Amendment Act 2005

  • 75 Application of amendment made by Civil Liability (Dust Diseases) and Other Legislation Amendment Act 2005

Division 4 - Transitional provision for Succession Amendment Act 2006

  • 76 Transitional provision for Succession Amendment Act 2006

Division 5 - Transitional provisions for Justice and Other Legislation Amendment Act 2020

  • 77 Definitions for division
  • 78 Particular applications in relation to persons without testamentary capacity
  • 79 Execution of wills and other instruments made under existing orders

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