Section 44 — Succession Act 2006 (NSW)

Can a person, by will, delegate the power to dispose of property?

A power or a trust to dispose of property, created by will, is not void on the ground that it is a delegation of the testator’s power to make a will, if the same power or trust would be valid if made by the testator by instrument during his or her lifetime.

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 41 — Dispositions not to fail because issue have died before testator
s 42 — Construction of residuary dispositions
s 43 — Dispositions to unincorporated associations of persons
s 45 — Effect of referring to a valuation in a will
s 46 — Operation of wills relating to transgender persons
s 47 — Definition of “internal law”

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