New South Wales Consolidated Acts

SUCCESSION ACT 2006

- As at 14 November 2008
- 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”
   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 2.5 - 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 - MISCELLANEOUS

   55.     Service of documents
   56.     Rules of Court
   57.     Regulations
   58.     Savings, transitional and other provisions
   59.     Amendment of other Acts and regulation
   60.     Review of Act
           SCHEDULE 1
           SCHEDULE 2
           SCHEDULE 3