Section 45 — Succession Act 2006 (NSW)

(1) This section applies if—
(a) there is an express or implied requirement in a will that a valuation of property be made or accepted for a purpose, and
(b) either—
(i) the will does not provide an effective method of valuation, or
(ii) the method of valuation is not provided for by a law of New South Wales or of another place.
(2) The reference to the valuation in the will is to be construed, to the extent the method of valuation is not provided for as mentioned in subsection (1) (b) (i) or (ii), as if the reference were a reference to a valuation of the property at the date of the testator’s death made by a competent valuer.
(3) Subsection (2) does not apply if a contrary intention appears in the will.

Related sections

• s 42 — Construction of residuary dispositions
• s 43 — Dispositions to unincorporated associations of persons
• s 44 — Can a person, by will, delegate the power to dispose of property?
• s 46 — Operation of wills relating to transgender persons
• s 47 — Definition of “internal law”
• s 47A — Part does not limit operation of international will provisions

Research how courts apply s 45

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