Section 50 — Succession Act 2006 (NSW)

(cf WPA 32A (4))
(1) In determining, for the purposes of section 48, whether a will has been executed in conformity with a particular law, regard must be had to the formal requirements of that law at the time of execution, but account may be taken of a later alteration of the law affecting wills executed at that time, if the alteration enables the will to be treated as properly executed.
(2) If a law outside New South Wales is applied to a will (whether or not for the purposes of section 48), a requirement of that law that special formalities must be observed by testators of a particular description, or that the witnesses to the execution of the will must have certain qualifications, is taken to be a formal requirement only, despite any rule of law to the contrary.
Note. Section 17 provides for the recognition in New South Wales of a court authorised will for a minor made in another jurisdiction. Section 26 provides for the recognition of statutory wills (including such wills made in other jurisdictions) made for persons lacking testamentary capacity.

Related sections

• 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 49 — Deciding system of law to apply if more than one system of law
• s 50A — Definitions
• s 50B — Application of Convention
• s 50C — Persons authorised to act in connection with international wills

Research how courts apply s 50

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