SUCCESSION ACT 2006 - As at 14 July 2023 - 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 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

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

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

• 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)