NSWIn ForceAct
Succession Act 2006
116Notice to be given to spouse of right of election
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#### 116 Notice to be given to spouse of right of election
116 Notice to be given to spouse of right of election
> > (1) An intestate’s personal representative must, within one month of the grant of administration of the intestate estate, give notice to the intestate’s spouse of the spouse’s right of election stating—
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> > > (a) how the right is to be exercised, and
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> > > (b) the fact that the election may be subject to the Court’s authorisation and the circumstances in which such an authorisation is required, and
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> > > (c) that the right must be exercised within 3 months (or a longer period allowed by the Court) after the date of the notice.
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> > (2) Notice is not required under this section if the spouse is the personal representative, or one of the personal representatives, of the intestate.
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> **ss 116–118:** Ins 2009 No 29, Sch 1 \[4\].