QLDIn ForceAct
Succession Act 1981
sec.33UDeciding system of law to apply if more than 1 system of internal law
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### sec.33U Deciding system of law to apply if more than 1 system of internal law
This section applies if—
the internal law of a place must be applied under section 33T ; and
there is more than 1 system of internal law, in force in the place, relating to the formal validity of wills.
The system of internal law to be applied under section 33T is decided as follows—
if there is a rule in force throughout the place that states which system applies to the will, the rule must be followed;
otherwise, the system is that with which the testator was most closely connected—
if the matter is to be decided by reference to circumstances prevailing at the testator’s death—at the time of the testator’s death; or
otherwise—at the time the will was executed.
s 33U ins 2006 No. 1 s 6
(sec.33U-ssec.1) This section applies if— the internal law of a place must be applied under section 33T ; and there is more than 1 system of internal law, in force in the place, relating to the formal validity of wills.
(sec.33U-ssec.2) The system of internal law to be applied under section 33T is decided as follows— if there is a rule in force throughout the place that states which system applies to the will, the rule must be followed; otherwise, the system is that with which the testator was most closely connected— if the matter is to be decided by reference to circumstances prevailing at the testator’s death—at the time of the testator’s death; or otherwise—at the time the will was executed.
- (a) the internal law of a place must be applied under section 33T ; and
- (b) there is more than 1 system of internal law, in force in the place, relating to the formal validity of wills.
- (a) if there is a rule in force throughout the place that states which system applies to the will, the rule must be followed;
- (b) otherwise, the system is that with which the testator was most closely connected— (i) if the matter is to be decided by reference to circumstances prevailing at the testator’s death—at the time of the testator’s death; or (ii) otherwise—at the time the will was executed.
- (i) if the matter is to be decided by reference to circumstances prevailing at the testator’s death—at the time of the testator’s death; or
- (ii) otherwise—at the time the will was executed.
- (i) if the matter is to be decided by reference to circumstances prevailing at the testator’s death—at the time of the testator’s death; or
- (ii) otherwise—at the time the will was executed.