Check whether a gift to a witness can stand
Key facts
- Human involvement
- YellowClose supervision
- How AI is used
- From the will and the attestation, list each witness and each gift to that witness or to a person claiming under that witness. The tool does not treat the gift as void.
- What the lawyer must review
- The lawyer decides whether the gift fails. Section 10 of the Succession Act 2006 applies where a beneficial disposition is made to a person who attests the execution of the will. The disposition is void to the extent it concerns that witness or a person claiming under the witness, unless at least two people who attested are not interested witnesses, or all the persons who would benefit directly from the avoidance consent in writing and have capacity, or the Court is satisfied the testator knew and approved of the disposition and made it freely and voluntarily. A beneficial disposition does not include a charge or direction for payment of a debt, or reasonable remuneration to an executor, administrator, legal practitioner or other person acting in the administration. The note says a consent under subsection (3)(b) is not liable to duty. Only this section was opened.
- Written for / version
- US
Open a jurisdiction version of this task to see which instruments apply: US
Who does what
| Role | What they do |
|---|---|
| Assistance | From the will and the attestation, list each witness and each gift to that witness or to a person claiming under that witness. The tool does not treat the gift as void. |
| Lawyer | Set the scope, supervise the work closely, verify every part relied on, resolve omissions and exceptions, and approve the exact output. |
Checklist
- Match each witness to the attestation before treating a gift as affected.
- Keep a direction to pay a debt, and reasonable remuneration for administration, outside this section.
- Do not treat the gift as saved unless one of the three exceptions is recorded.
- Do not apply this section outside New South Wales.
Sources
- Succession Act 2006 (NSW) section 10 · 2026-10-22
These are suggested working checks. Confirm the required checking with the responsible lawyer before work starts; the checking approach does not establish permission to use AI.