New South Wales Consolidated Acts

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SUCCESSION ACT 2006 - SECT 49

Deciding system of law to apply if more than one system of law

49 Deciding system of law to apply if more than one system of law

(cf WPA 32A (2))

(1) This section applies if--
(a) the internal law in force in a place must be applied under section 48, and
(b) there is more than one system of internal law in force in that place relating to the formal validity of wills.
(2) The system of law to be applied under section 48 is to be determined as follows--
(a) if there is a rule in force throughout the place that indicates which system of internal law applies to the will, that rule must be followed,
(b) if there is no rule, the system of internal law is that with which the testator was most closely connected--
(i) if the matter is to be determined by reference to circumstances prevailing at the testator's death--at the time of the testator's death, or
(ii) in any other case--at the time of execution of the will.



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