Download Succession Act 1981 PDF

TitleSuccession Act 1981
LanguageEnglish
File Size882.9 KB
Total Pages108
Table of Contents
                            Contents
	Part 1 Preliminary
		1 Short title
		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 registered relationship on a will
			15 Effect of divorce or annulment on a will
			15A Effect of end of registered 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 Leave to apply for s 21 order
				23 Information required by court in support of application for leave
				24 Matters court must be satisfied of before giving leave
				25 Hearing an application for leave or for an order
				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
	Part 6 Miscellaneous
		65 Presumption of survivorship
		66 Survival of actions
		68 Commission
		69 The registrar
		70 Practice
		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
	Schedule 2 Distribution of residuary estate on intestacy
	Schedule 3 Annex to Convention providing a Uniform Law on the Form of an International Will 1973
                        
Document Text Contents
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Queensland

Succession Act 1981

Current as at 10 March 2015

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[s 37]

Succession Act 1981
Part 3 Distribution on intestacy
(5) If the intestate had 2 or more children, of whom some
survived and the remainder did not survive and did not leave
surviving issue, the surviving children take in equal shares.

(6) If subsections (3) to (5) do not apply, the entitlement is
divided into as many equal shares as the intestate had children
who survived or who did not survive but left surviving issue.

(7) The equal shares are then taken as follows—

(a) the intestate’s surviving children (if any) take 1 share
each;

(b) for each child of the intestate who did not survive but
left surviving issue—1 share is taken by representation
by the child’s surviving issue.

37 Distribution of next of kin’s entitlement

(1) Where, by virtue of this Act, the next of kin of an intestate are
entitled to the residuary estate of the intestate, the persons
entitled to that residuary estate shall be ascertained in
accordance with the following paragraphs—

(a) the brothers and sisters of the intestate who survived the
intestate, and the children of a brother or sister of the
intestate who died before the intestate, being children
who survived the intestate, are entitled to the residuary
estate of the intestate;

(b) if the intestate is not survived by any persons entitled to
the residuary estate under paragraph (a) but is survived
by 1 or more of his or her grandparents—the
grandparent is entitled to the residuary estate of the
intestate, or the grandparents are entitled to the
residuary estate in equal shares, as the case requires;

(c) if the intestate is not survived by any persons entitled to
the residuary estate under paragraphs (a) and (b)—the
uncles and aunts of the intestate who survived the
intestate and the children of an uncle or aunt who died
before the intestate, being children who survived the
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Authorised by the Parliamentary Counsel

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[s 38]

Succession Act 1981
Part 3 Distribution on intestacy
intestate, are entitled to the residuary estate of the
intestate.

(2) The residuary estate of an intestate shall be divided
amongst—

(a) the brothers and sisters of the intestate and the children
of those brothers or sisters who died before the intestate,
in the same manner as the residuary estate would have
been divided amongst those persons, if the brothers and
sisters had been children of the intestate and the children
of a brother or sister who died before the intestate had
been children of a child of the intestate who died before
the intestate; or

(b) the uncles and aunts of the intestate and the children of
those uncles or aunts who died before the intestate, in
the same manner as the residuary estate would have
been divided amongst those persons if the uncles and
aunts had been children of the intestate and the children
of an uncle or aunt who died before the intestate had
been children of a child of the intestate who died before
the intestate.

(3) However, the said residuary estate of the intestate shall not be
divided amongst the issue of a brother or sister or of an uncle
or aunt who died before the intestate more remote than the
children of any such brother or sister, uncle or aunt.

38 Partial intestacies

The executor of the will of an intestate shall hold, subject to
the executor’s rights and powers for the purposes of
administration, the residuary estate of an intestate on trust for
the persons entitled to it.

39 Construction of documents—references to statutes of
distribution—meaning of ‘heir’

References to any statutes of distribution in an instrument
inter vivos made or in a will coming into operation after the
commencement of this Act shall be construed as references to
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Authorised by the Parliamentary Counsel

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Endnotes

Succession Act 1981
amd 2002 No. 74 s 90 sch

Acquisition of shared home under election
s 39C ins 1997 No. 54 s 12
amd 2001 No. 71 s 551 sch 1; 2002 No. 74 s 90 sch

Personal representative not to dispose of intestate’s interest in shared home pending
election or if election made

s 39D ins 1997 No. 54 s 12
amd 2002 No. 74 s 90 sch

Definitions for pt 4
s 40 sub 1995 No. 58 s 4 sch 1
amd 1997 No. 9 s 78
def dependant amd 1997 No. 54 s 13; 2002 No. 74 s 90 sch
def spouse om 2002 No. 74 s 90 sch

Meaning of stepchild
s 40A ins 1997 No. 9 s 79

Estate of deceased person liable for maintenance
s 41 amd 1987 No. 32 s 69(1) sch; 1999 No. 10 s 205 sch 3; 2000 No. 16 s 590 sch 1

pt 2; 2004 No. 43 s 110

Manner of computing duty of estate
s 43 amd 1995 No. 58 s 4 sch 1

Protection of personal representative
s 44 amd 1997 No. 9 s 80; 2002 No. 74 s 90 sch

Devolution of property on death
s 45 amd 1986 No. 26 s 4 sch; 1994 No. 81 s 527 sch 5; 1995 No. 58 s 4 sch 1

Particular powers of personal representatives
s 49 amd 2006 No. 1 s 7

Personal representatives may make particular maintenance distribution
s 49A ins 2006 No. 1 s 8

The duties of personal representatives
s 52 amd 2004 No. 43 s 3 sch

Liability of executors for waste
s 52A ins 1984 No. 70 s 13(1)

Definition for div 2
s 55 sub 1995 No. 58 s 4 sch 1

PART 5A—TESTAMENTARY APPOINTMENT OF GUARDIANS OF
CHILDREN

pt 5A (ss 61A–61J) ins 2000 No. 55 s 4

Intermediate income on contingent and future bequests and devises
s 62 om 2006 No. 1 s 9
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Endnotes

Succession Act 1981
Legacies and devises to unincorporated associations of persons
s 63 amd 1986 No. 26 s 4 sch
om 2006 No. 1 s 9

Certain powers and trusts not invalid as delegation of will-making power
s 64 om 2006 No. 1 s 9

Survival of actions
s 66 amd 2004 No. 43 s 3 sch; 2005 No. 43 s 3; 2011 No. 45 s 178

Provisions in wills referring to values placed on property
s 67 om 2006 No. 1 s 9

Rules of court
s 71 om 1995 No. 58 s 4 sch 1

PART 7—TRANSITIONAL PROVISIONS
pt hdg ins 2002 No. 74 s 90 sch

Division 1—Transitional provision for Succession Amendment Act 1997
div hdg ins 2002 No. 74 s 90 sch

Application of amendments made by Succession Amendment Act 1997
s 73 ins 1997 No. 54 s 14

Division 2—Transitional provision for Discrimination Law Amendment Act 2002
div 2 (s 74) ins 2002 No. 74 s 80

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

div 3 (s 75) ins 2005 No. 43 s 4

Division 4—Transitional provision for Succession Amendment Act 2006
div 4 (s 76) ins 2006 No. 1 s 10

SCHEDULE 2—DISTRIBUTION OF RESIDUARY ESTATE ON INTESTACY
sch hdg sub 1997 No. 54 s 15(1)
sch 2 amd 1997 No. 54 s 15(1)–(2); 2002 No. 74 ss 81, 90 sch

SCHEDULE 3—ANNEX TO CONVENTION PROVIDING A UNIFORM LAW ON
THE FORM OF AN INTERNATIONAL WILL 1973

ins 2013 No. 35 s 167

© State of Queensland 2016
Page 106 Current as at 10 March 2015

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