New South Wales Consolidated Acts

SUCCESSION ACT 2006 - SECT 118

118 How election to be made

(1) A spouse's election is made by written notice identifying, with reasonable particularity, the property the spouse elects to acquire.

(2) Except as provided by subsection (3), the notice of election must be given--

(a) to each person, apart from the spouse, who is a personal representative of the intestate, and

(b) to each person, apart from the spouse, who is entitled to share in the intestate estate.

(3) The Court may direct that any of the persons referred to in subsection (2) need not be given the notice of election if it considers that giving the notice is unnecessary, unreasonable or impracticable in the circumstances of the case.

(4) A spouse who has not reached the age of majority may make an election as validly and effectively as an adult.

(5) A spouse may revoke his or her election at any time before the transfer of the property to the spouse.

(6) A revocation is made by written notice of revocation given to the same persons as the notice of election.