Section 10 — Succession Act 2006 (NSW)

(cf WPA 13)
(1) This section applies if a beneficial disposition is given or made by will to a person (the interested witness) who attests the execution of the will.
(2) The beneficial disposition is void to the extent that it concerns the interested witness or a person claiming under the interested witness.
(3) A beneficial disposition is not void under subsection (2) if—
(a) at least 2 of the people who attested the execution of the will are not interested witnesses, or
(b) all the persons who would benefit directly from the avoidance of the disposition consent in writing to the distribution of the disposition under the will and have the capacity to give that consent, or
(c) the Court is satisfied that the testator knew and approved of the disposition and it was given or made freely and voluntarily by the testator.
(4) In this section—
beneficial disposition does not include a charge or direction for the payment of—
(a) a debt, or
(b) reasonable remuneration to an executor, administrator, legal practitioner or other person acting in relation to the administration of the testator’s estate.

Related sections

• s 7 — Must witnesses know that they are signing a will?
• s 8 — When may the Court dispense with the requirements for execution, alteration or revocation of wills?
• s 9 — Persons who cannot act as witnesses to wills
• s 11 — When and how can a will be revoked?
• s 12 — Effect of marriage on a will
• s 13 — What is the effect of divorce or an annulment on a will?

Research how courts apply s 10

BriefBridge searches NSW and High Court caselaw by meaning — every answer cited to the paragraph.