Section 118 — Succession Act 2006 (NSW)

(1) A spouse’s election is made by written notice identifying, with reasonable particularity, the property the spouse elects to acquire.
(2) Except as provided by subsection (3), the notice of election must be given—
(a) to each person, apart from the spouse, who is a personal representative of the intestate, and
(b) to each person, apart from the spouse, who is entitled to share in the intestate estate.
(3) The Court may direct that any of the persons referred to in subsection (2) need not be given the notice of election if it considers that giving the notice is unnecessary, unreasonable or impracticable in the circumstances of the case.
(4) A spouse who has not reached the age of majority may make an election as validly and effectively as an adult.
(5) A spouse may revoke his or her election at any time before the transfer of the property to the spouse.
(6) A revocation is made by written notice of revocation given to the same persons as the notice of election.

Related sections

• s 115 — Spouse’s right of election
• s 116 — Notice to be given to spouse of right of election
• s 117 — Time for making election
• s 119 — Basis of the election
• s 120 — Exercise price—how satisfied
• s 121 — Restriction on disposal of property from intestate estate

Research how courts apply s 118

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