New South Wales Consolidated Acts

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Can an interested witness benefit from a disposition under a will?

10 Can an interested witness benefit from a disposition under a will?

(cf WPA 13)

(1) This section applies if a beneficial disposition is given or made by will to a person (the
"interested witness" ) who attests the execution of the will.
(2) The beneficial disposition is void to the extent that it concerns the interested witness or a person claiming under the interested witness.
(3) A beneficial disposition is not void under subsection (2) if--
(a) at least 2 of the people who attested the execution of the will are not interested witnesses, or
(b) all the persons who would benefit directly from the avoidance of the disposition consent in writing to the distribution of the disposition under the will and have the capacity to give that consent, or
(c) the Court is satisfied that the testator knew and approved of the disposition and it was given or made freely and voluntarily by the testator.
Note : Consent under section 10 (3) (b) is not liable to duty. See section 65 (12A) of the Duties Act 1997 .
(4) In this section--

"beneficial disposition" does not include a charge or direction for the payment of--
(a) a debt, or
(b) reasonable remuneration to an executor, administrator, legal practitioner or other person acting in relation to the administration of the testator's estate.

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