Queensland Consolidated Acts

SUCCESSION ACT 1981

- As at 25 May 2020 
- Act 69 of 1981 

TABLE OF PROVISIONS

           Long Title

   PART 1 - PRELIMINARY

   1.      Short title
   2.      (Repealed)
   3.      (Repealed)
   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 civil partnership on a will
   15.     Effect of divorce or annulment on a will
   15A.    Effect of end of civil partnership on a will
   15B.    Effect of end of de facto 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.        23.     Information required by court in support of application for order under s 21
   24.     (Repealed)
   25.     Hearing an application for an order under s 21
   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
   62.     (Repealed)
   63.     (Repealed)
   64.     (Repealed)

   PART 6 - MISCELLANEOUS

   65.     Presumption of survivorship
   66.     Survival of actions
   67.     (Repealed)
   68.     Commission
   69.     The registrar
   70.     Practice
   71.     (Repealed)
   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

           Division 5 - Transitional provisions for Justice and Other Legislation Amendment Act 2020

   77.     Definitions for division
   78.     Particular applications in relation to persons without testamentary capacity
   79.     Execution of wills and other instruments made under existing orders
           SCHEDULE 2
           SCHEDULE 3