Succession Act 2006 in NSW (Formerly Family Provision Act 1982), the Succession Amendment (Family Provision) Act 2008, Wills & Estate Disputes in Sydney NSW
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What is the Succession Act 2006 & the Succession Amendment (Family Provision) Act 2008 in NSW?
How the Succession Act Relates to Estate Disputes
Legal Aspects of the Succession Act 2006 in NSW
The Succession Act 2006 is legislation in New South Wales (NSW) which governs the operation of succession law - that is, how inheritance is handled when a person passes away and their Will is to be carried out. These operations were formerly governed by the Wills, Probate and Administration Act 1898 and the Family Provision Act 1982, which was repealed (withdrawn) when the Succession Amendment (Family Provision) Act 2008 arrived.
The Succession Act 2006 has modernised the older Family Provision Act legislation in the area of succession. By factoring in the changes brought about from the Succession Amendment (Family Provision) Act 2008, more focus has been placed on 'family provision' within the Succession Act 2006 in NSW.
How the Succession Act Relates to Estate Disputes
Social changes in recent years have seen increasing numbers of people with more complicated family structures (e.g. subsequent marriages) and therefore, estate disputes often arise. For this reason, estate disputes have become more complex and updated legislation was required to handle estate disputes efficiently. Of particular relevance in estate disputes is family provision. Family provision deals with how members of the family of a deceased person are provided for under a Will, and importantly, the powers a Court has to provide for the family of a deceased person if the deceased made inadequate family provisions under their Will. For estate disputes, or if you need to contest a Will, you will need to become familiar with the family provision section of the Succession Act 2006 in NSW. Learn more about contesting a Will.
Legal Aspects of the Succession Act 2006 in NSW
The major areas covered by the Succession Act in NSW are as follows:
1. The Making, Alteration, Revocation and Revival Of Wills
This area of the Succession Act includes making a Will; executing a Will; dispensing with requirements for execution, alteration or revocation of a Will; witnessing a Will; and revocation, alteration and revival of a Will.
2. Wills Made or Rectified Under Court Authorisation
This area of the Succession Act includes Wills by minors; Court authorised Wills for persons who do not have testamentary capacity; and rectification of Wills by the Court.
3. Construction of Wills
This area of the Succession Act includes general rules about the construction of Wills and construction of particular provisions within Wills in NSW.
4. Wills Under Foreign Law
5. Deposit of and Access to Wills
6. Family Provision
This area of the Succession Act includes applications for family provision orders; determination of applications; property that may be used for family provision orders; and general provisions relating to family provision orders.
7. Notional Estate Orders
In NSW, both the Courts and the Government have clearly indicated that a person can no longer avoid family provision rules by moving assets outside of their estate prior to death. This area of the Succession Act includes focus on relevant property transactions; when notional estate orders may be made; and restrictions and protections relating to notional estate orders.
8. Intestacy
Intestacy relates to a person who dies without a Will - the deceased is said to be 'intestate' if this occurs. This area of the Succession Act includes focus on the entitlement of a surviving spouse; a spouse’s preferential right to acquire property from the estate; and what occurs when there are multiple spouses.
9. Distribution Among Relatives
10. Indigenous Persons’ Estates
11. Absence Of Persons Entitled
Arrange a consultation with an experienced lawyer to discuss the Succession Act 2006, the Succession Amendment (Family Provision) Act 2008, Wills and Estate Disputes in Sydney NSW.
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