SUCCESSION ACT 1981 - As at 25 May 2020 - Act 69 of 1981
- As at 25 May 2020 - Act 69 of 1981Table 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 (Repealed) 3. (Repealed)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 (Repealed)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
- 61A Definitions for pt 5A
- 61B Application of pt 5A
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