QLDIn ForceAct
Succession Act 1981
sec.33SEffect of reference to valuation in will
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### sec.33S Effect of reference to valuation in will
This section applies if—
there is an express or implied requirement in a will that a valuation of property be made or accepted for a purpose; and
either—
the will does not provide a method of valuation; or
the method of valuation is not provided for by the law of Queensland or another place.
The reference in the will to the valuation must be interpreted, 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 as at the date of the testator’s death made by a competent valuer.
Subsection (2) does not apply if a contrary intention appears in the will.
s 33S ins 2006 No. 1 s 6
(sec.33S-ssec.1) This section applies if— there is an express or implied requirement in a will that a valuation of property be made or accepted for a purpose; and either— the will does not provide a method of valuation; or the method of valuation is not provided for by the law of Queensland or another place.
(sec.33S-ssec.2) The reference in the will to the valuation must be interpreted, 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 as at the date of the testator’s death made by a competent valuer.
(sec.33S-ssec.3) Subsection (2) does not apply if a contrary intention appears in the will.
- (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 a method of valuation; or (ii) the method of valuation is not provided for by the law of Queensland or another place.
- (i) the will does not provide a method of valuation; or
- (ii) the method of valuation is not provided for by the law of Queensland or another place.
- (i) the will does not provide a method of valuation; or
- (ii) the method of valuation is not provided for by the law of Queensland or another place.