Question: What is the Succession Act?

The Succession Act 2006 was enacted to become the comprehensive legislative scheme which covers all matters concerning the estates of deceased persons and related matters. This fitted in with significant changes undertaken throughout the Commonwealth as part of a national movement to revise, update and harmonise State laws.

The Succession Act is designed to “restate, with reforms, the law relating to Wills in New South Wales: to ensure that adequate provision is made for the members of the family of a deceased person, and certain other persons, from the estate of the deceased person: to make provision for the distribution of intestate estates: and for other purposes.” It is indeed a comprehensive scheme.

The legislation addresses issues concerning the making, alteration, revocation and revival of Wills. It provides for the rectification of Wills where required. It deals with international Wills. It covers all matters pertaining to any family provision application and also sets out in detail the processes and the procedures involved in any litigation under the Act.

The legislation also sets out in detail the various factors that a court will take into account when dealing with any application brought under the legislation. In some circumstances the factors that the court must take into account can be specific and exhaustive. It can be a complicated and complex area of law but does not need to be.

If you have any issue or concern with any matter that may touch upon the Succession Act or concern a dispute with respect to benefits under a Will, then the experts at Brydens Lawyers can assist. To make a Will or for a free no obligation assessment as to whether you may have any entitlements to challenge a Will for benefits that would otherwise you would be entitled to, contact Brydens Lawyers without delay. If it is Strict time limits can apply.