South Australian Numbered Acts

SUCCESSION ACT 2023 (NO 30 OF 2023)

TABLE OF PROVISIONS

           Long Title

   PART 1--Preliminary

   1.      Short title
   2.      Commencement
   3.      Interpretation

   PART 2--Wills Division 1--Making, alteration, revocation and revival of wills Subdivision 1--Property that may be disposed of by will

   4.      All property may be disposed of by will Subdivision 2--Testamentary capacity
   5.      Will of minor
   6.      Will of minor authorised by Court
   7.      Will of person lacking testamentary capacity authorised by Court Subdivision 3--Execution and attestation of wills
   8.      Requirements as to writing and execution of will
   9.      Exercise of power of appointment by will
   10.     Will of ADF member on active service
   11.     Validity of will
   12.     Will not void by incompetency of witness
   13.     Gifts to attesting witness
   14.     Creditor attesting to be admitted as witness
   15.     Executor to be admitted as witness Subdivision 4--Alteration, revocation and revival of wills
   16.     Alteration of will
   17.     Revocation of will
   18.     Effect of marriage or registered relationship on will
   19.     Effect of end of marriage or registered relationship on will
   20.     Effect of change in testator's domicile
   21.     Revival of revoked will Division 2--Rectification of wills
   22.     Rectification of will by order of Court Division 3--Construction of wills
   23.     When will takes effect
   24.     Interests in property will disposes of
   25.     When a disposition is not to be rendered inoperative
   26.     General disposition of land includes leaseholds
   27.     What general disposition of property subject to power of appointment includes
   28.     Effect of disposition of real property without words of limitation
   29.     What a residuary disposition includes
   30.     How requirements to survive with issue are to be construed
   31.     Disposition to children or other issue who leave issue living at testator's death does not lapse
   32.     Construction of dispositions of real property to trustee or executor
   33.     Disposition of estates tail do not lapse
   34.     Effect of referring to valuation in will Division 4--Wills made outside the State
   35.     Interpretation
   36.     Application of system of law
   37.     General rule as to formal validity
   38.     Additional rules as to validity
   39.     Validity of statutory wills made outside State
   40.     Operation of international wills provisions not limited by this Division Division 5--International wills
   41.     Application of Convention
   42.     Persons authorised to act in connection with international wills
   43.     Witnesses to international wills
   44.     Application of Act to international wills Division 6--Deposit of and access to wills
   45.     Will may be deposited with Registrar
   46.     Delivery of wills by Registrar
   47.     Failure to retain does not affect validity of will
   48.     Persons entitled to inspect will of deceased person

   PART 3--Probate and administration Division 1--Interpretation

   49.     Interpretation Division 2--Granting and revoking of probate and administration Subdivision 1--Court's practice in testamentary jurisdiction
   50.     Practice of Court Subdivision 2--Registrar of Probates
   51.     Registrar of Probates
   52.     Registrar's powers and authorities
   53.     Exercise by Registrar of jurisdiction, powers or authorities of Court
   54.     Probate of will deposited with Registrar
   55.     Registrar to obtain direction of Judge in doubtful case Subdivision 3--General provisions relating to granting and revoking of probate and administration
   56.     Grant of probate or administration to adults only
   57.     Effect of probate and administration granted interstate or overseas
   58.     Provisions for evidence in case of foreign will
   59.     Appointment of joint administrators
   60.     Examination of witnesses
   61.     Order to produce document purporting to be testamentary
   62.     Caveats
   63.     When persons interested in real property affected by a will are to be served with proceedings
   64.     Grant of administration to duly authorised attorney
   65.     After grant of administration no person to have power to sue as executor
   66.     Rights of executor renouncing, not acting, or not appearing when cited, to cease as if not named in will
   67.     Grant of probate or administration to person other than the person otherwise entitled
   68.     Special administration
   69.     Revocation of grant of probate or administration not to prejudice legal action
   70.     Protection to persons acting in reliance on probate or administration
   71.     Statement of assets and liabilities to be provided with application for probate or administration
   72.     Obligation of person dealing with asset to ensure that it has been properly disclosed Subdivision 4--Small estates
   73.     Deemed grant of probate or administration to Public Trustee for small estate

   PART 4--Administration of deceased estates

   74.     Interpretation
   75.     Vesting of intestate estate on person's death
   76.     Vesting of land on person's death
   77.     Vesting of intestate estate on grant of administration
   78.     Administrator to hold intestate property on trust
   79.     Court's powers in relation to management of undevised land
   80.     Court may order partition of undevised land
   81.     General duties of executors and administrators
   82.     Power of executor or administrator to sell real property for payment of debts
   83.     Payment of debts and liabilities in the case of solvent estates
   84.     Mortgages and charges on land not be paid out of deceased's residuary or personal estate
   85.     Specialty and simple contract debts of deceased persons to stand in equal degree
   86.     Filing of declaration that estate is insufficient to pay debts and liabilities
   87.     Rules in insolvency administration to prevail in certain cases
   88.     How estate is to be administered
   89.     Court may order sale of property belonging to minor
   90.     Court may give permission to postpone realisation or carry on business
   91.     Administrator to pay over money and deliver property to Public Trustee
   92.     Statement and account to be provided to Public Trustee
   93.     Court may order provision of statement and account
   94.     Proceedings to compel provision of statements and account
   95.     Public Trustee, executors, administrators and trustees may obtain judicial advice or direction
   96.     Commission may be allowed to executors, administrators and trustees
   97.     Court may require undertakings from executor or administrator
   98.     Remedy if executor or administrator fails to perform duties etc
   99.     Payment of interest on legacies
   100.    Payment of money and personal property without grant of probate or administration

   PART 5--Intestacy Division 1--Interpretation

   101.    Interpretation Division 2--Election by spouse or domestic partner to acquire interest in dwelling
   102.    Election by spouse or domestic partner to acquire interest in dwelling
   103.    Restriction on right of spouse or domestic partner to acquire interest in dwelling
   104.    Restriction on right of administrator to sell interest in dwelling Division 3--Rules governing distribution of intestate estates
   105.    General rules as to distribution of intestate estate
   106.    Division of estate if intestate is survived by spouse or domestic partner, or both
   107.    Spouse or domestic partner not entitled to intestate estate in certain cases
   108.    Distribution among children and grandchildren of intestate
   109.    Distribution among relatives of intestate
   110.    Intestate estate passes to Crown if no surviving beneficiaries Division 4--Distribution of intestate estates according to Court approved agreements
   111.    Court may approve distribution of intestate estate in accordance with agreement Division 5--Miscellaneous
   112.    Value of intestate estate
   113.    This Part not to affect operation of Part 6

   PART 6--Family provision

   114.    Interpretation
   115.    Persons entitled to claim under this Part
   116.    Persons entitled may obtain order for maintenance etc out of estate of deceased person
   117.    Power to require security for costs
   118.    Time within which application must be made
   119.    Provisions relating to family provision orders
   120.    Order to operate as will or codicil
   121.    Court may fix periodic payment or lump sum
   122.    Court may vary or discharge order
   123.    Mortgage or assignment of provision invalid
   124.    Liability of administrator after distribution of estate

   PART 7--Miscellaneous

   125.    Person disqualified from taking interest or share in deceased estate to be treated as having predeceased testator or intestate
   126.    Presumption of survivorship
   127.    Devolution of jointly-owned property where order of death uncertain
   128.    Safe custody of wills and other documents
   129.    Office copies of wills or probate or administration may be obtained
   130.    Probate to be evidence of wills concerning real property
   131.    Will not to be registered or admissible as evidence until proved
   132.    Inspection of documents in Land Titles Registration Office or General Registry Office
   133.    Power of Public Trustee to move for attachment of administrator
   134.    Restrictions on exercise of rights of retainer and preference
   135.    Delegation
   136.    Person making false oath commits perjury
   137.    Applications to Court
   138.    Rules of court
   139.    Regulations and fee notices
   140.    Review of Act Schedule 1--Annex to Convention providing a Uniform Law on the Form of an International Will 1973 Schedule 2--Related amendments

   PART 1--Amendment of Aged and Infirm Persons' Property Act 1940

   PART 2--Amendment of Guardianship and Administration Act 1993

   PART 3--Amendment of Law of Property Act 1936

   PART 4--Amendment of Public Trustee Act 1995

   PART 5--Amendment of Stamp Duties Act 1923

   PART 6--Amendment of Supreme Court Act 1935

   PART 7--Amendment of Trustee Act 1936