Section 49 — Succession Act 2006 (NSW)

(cf WPA 32A (2))
(1) This section applies if—
(a) the internal law in force in a place must be applied under section 48, and
(b) there is more than one system of internal law in force in that place relating to the formal validity of wills.
(2) The system of law to be applied under section 48 is to be determined as follows—
(a) if there is a rule in force throughout the place that indicates which system of internal law applies to the will, that rule must be followed,
(b) if there is no rule, the system of internal law is that with which the testator was most closely connected—
(i) if the matter is to be determined by reference to circumstances prevailing at the testator’s death—at the time of the testator’s death, or
(ii) in any other case—at the time of execution of the will.

Related sections

• s 47 — Definition of “internal law”
• s 47A — Part does not limit operation of international will provisions
• s 48 — General rule as to the validity of a will executed in a foreign place
• s 50 — Construction of the law applying to wills under foreign law
• s 50A — Definitions
• s 50B — Application of Convention

Research how courts apply s 49

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