Section 43 — Succession Act 2006 (NSW)

(1) Each of the following dispositions of property has effect as a disposition in augmentation of the general funds of the association to which the disposition is made—
(a) a disposition to an unincorporated association of persons that is not a charity,
(b) a disposition to or on trust for the aims, objects or purposes of an unincorporated association of persons that is not a charity,
(c) a disposition to or on trust for the present and future members of an unincorporated association of persons that is not a charity.
(2) Property, a disposition of which is, or has effect under subsection (1) as, a disposition in augmentation of the general funds of an unincorporated association, must be—
(a) paid into the general fund of the association, or
(b) transferred to the association, or
(c) sold or otherwise disposed of on behalf of the association, with the proceeds being paid into the general fund of the association.
(3) If a personal representative pays an amount to an unincorporated association under a disposition, the receipt of the treasurer or a like officer of the association (however described) is an absolute discharge for the payment.
(4) If a personal representative transfers property to an unincorporated association under a disposition, the transfer of the property to a person nominated in writing by any two persons holding the offices of president, chairperson, treasurer or secretary of the association, or like officers of the association (however described), is an absolute discharge to the personal representative for the transfer of the property.
(5) Subsections (3) and (4) do not apply if a contrary intention appears in the will.
(6) It is not an objection to the validity of a disposition to an unincorporated association of persons that—
(a) a list of persons who were members of the association at the time of the testator’s death cannot be compiled, or
(b) the members of the association may not divide assets of the association beneficially among themselves.
(7) In this section—
charity means a body constituted primarily for a purpose that is a charitable purpose under the general law.

Related sections

• s 40 — How are requirements to survive with issue construed?
• s 41 — Dispositions not to fail because issue have died before testator
• s 42 — Construction of residuary dispositions
• s 44 — Can a person, by will, delegate the power to dispose of property?
• s 45 — Effect of referring to a valuation in a will
• s 46 — Operation of wills relating to transgender persons

Research how courts apply s 43

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