Section 113 — Succession Act 2006 (NSW)

Spouse’s entitlement where any issue are not issue of the spouse

If an intestate leaves a spouse and any issue who are not issue of the spouse, the spouse is entitled to—
(a) the intestate’s personal effects, and
(b) a statutory legacy, and
(c) one-half of the remainder (if any) of the intestate estate.

Sourced from the New South Wales Legislation website at 8 June 2026. For the latest information on New South Wales Government legislation please go to https://www.legislation.nsw.gov.au. Verify the current text against the official source before relying on it.

Related sections

s 110 — Application of this Division
s 111 — Spouse’s entitlement where no issue
s 112 — Spouse’s entitlement where issue are also issue of the spouse
s 114 — Application of this Division
s 115 — Spouse’s right of election
s 116 — Notice to be given to spouse of right of election

Research how courts apply s 113

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

Try BriefBridge free