South Australian Numbered Acts

SUCCESSION ACT 2023 (NO 30 OF 2023) - SECT 63

63—When persons interested in real property affected by a will are to be served with proceedings

        (1)         If, in the case of a will that affects real property—

            (a)         proceedings are taken under this Act—

                  (i)         for proving the will in solemn form; or

                  (ii)         for revoking the grant of probate of the will on the ground of the invalidity of the will; or

            (b)         the validity of the will is disputed in a contentious cause or matter under this Act,

the devisees and other persons having or pretending interest in the real property affected by the will must, unless the Court otherwise directs, be served with the proceedings and, subject to the rules under this Act or under the Supreme Court Act 1935

, may be permitted to become parties or intervene for their respective interests in that real property in the same manner as the next of kin or others having or pretending interest in personal property affected by a will are served.

        (2)         However—

            (a)         in a case in which the Court is not satisfied that the deceased was at the time of death seized of, or entitled to, or had power to appoint by will some real property beneficially; or

            (b)         in a case in which the will propounded, or of which the validity is in question, would not in the opinion of the Court, though established as to personal property, affect real property,

it is not necessary that any person having or pretending interest in the real property of the deceased be served with the proceedings.

        (3)         In—

            (a)         a case referred to in subsection (2)

; or

            (b)         a case in which the Court, with reference to the circumstances of the property of the deceased or otherwise, thinks fit,

the Court may proceed without serving with the proceedings the persons interested in real property provided that the probate, decree or order of the Court does not in any case affect any person in respect of their interest in real property, unless that person has been served with, or been made a party to, the proceedings, or derives title under or through a person who has been served with, or been made a party to, the proceedings.