QLDIn ForceAct
Succession Act 1981
sec.12When an interpreter may benefit from a disposition
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### sec.12 When an interpreter may benefit from a disposition
This section applies if—
for the purposes of making a will the services of a person (an interpreter ) are used to interpret or translate from or to a language understood by the testator; and
a disposition of property is made by the will to the interpreter.
The disposition is void to the extent it concerns the interpreter or a person claiming under the interpreter.
However, subsection (2) does not apply if—
all the persons who would benefit directly from the avoidance of the disposition consent in writing to the distribution of the disposition under the will and have the capacity to give the consent; or
the court is satisfied that the testator knew and approved of the disposition and it was made freely and voluntarily by the testator.
In this section—
disposition of property does not include a charge or direction for the payment of appropriate remuneration for being an interpreter for the testator in relation to the will.
s 12 sub 2006 No. 1 s 6
(sec.12-ssec.1) This section applies if— for the purposes of making a will the services of a person (an interpreter ) are used to interpret or translate from or to a language understood by the testator; and a disposition of property is made by the will to the interpreter.
(sec.12-ssec.2) The disposition is void to the extent it concerns the interpreter or a person claiming under the interpreter.
(sec.12-ssec.3) However, subsection (2) does not apply if— all the persons who would benefit directly from the avoidance of the disposition consent in writing to the distribution of the disposition under the will and have the capacity to give the consent; or the court is satisfied that the testator knew and approved of the disposition and it was made freely and voluntarily by the testator.
(sec.12-ssec.4) In this section— disposition of property does not include a charge or direction for the payment of appropriate remuneration for being an interpreter for the testator in relation to the will.
- (a) for the purposes of making a will the services of a person (an interpreter ) are used to interpret or translate from or to a language understood by the testator; and
- (b) a disposition of property is made by the will to the interpreter.
- (a) all the persons who would benefit directly from the avoidance of the disposition consent in writing to the distribution of the disposition under the will and have the capacity to give the consent; or
- (b) the court is satisfied that the testator knew and approved of the disposition and it was made freely and voluntarily by the testator.