New South Wales Consolidated Acts

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SUCCESSION ACT 2006 - SECT 48

General rule as to the validity of a will executed in a foreign place

48 General rule as to the validity of a will executed in a foreign place

(cf WPA 32C and 32D)

(1) A will is taken to be properly executed if its execution conforms to the internal law in force in the place:
(a) where it is executed, or
(b) that was the testator's domicile or habitual residence, either at the time the will was executed or at the time of the testator's death, or
(c) of which the testator was a national, either at the time the will was executed or at the time of the testator's death.
(2) The following wills are also taken to be properly executed:
(a) a will executed on board a vessel or aircraft in conformity with the internal law in force at the place with which the vessel or aircraft may be taken to have been most closely connected having regard to its registration and other relevant circumstances,
(b) a will, to the extent that it disposes of immovable property, executed in conformity with the internal law in force in the place where the property is situated,
(c) a will, to the extent that it revokes:
(i) a will, or a provision of a will, that has been executed in accordance with this Act, or
(ii) a will, or a provision of a will, that is taken by this Act to be properly executed,
if the later will has been executed in conformity with any law under which the earlier will or provision would be taken to have been validly executed.
(3) A will to which this section applies is not, to the extent that it exercises a power of appointment, to be taken to have been improperly executed only because it has not been executed in accordance with the formalities required by the instrument creating the power.



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