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Succession Act 2023
Div 5International wills
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Division 5—International wills
41—Application of Convention
The Annex to the Convention set out in Schedule 1 has the force of law in this jurisdiction.
42—Persons authorised to act in connection with international wills
(1) For the purposes of this Division, the following persons are authorised to act in connection with an international will:
(a) an Australian legal practitioner;
(b) a public notary of any Australian jurisdiction.
(2) For the purposes of this Division, a reference in the Annex to the Convention to a person authorised to act in connection with international wills is a reference to—
(a) a person referred to in subsection (1) who is acting in Australia; or
(b) any other person who is acting as an authorised person under the law of a country (other than Australia) that is a party to the Convention.
This section gives effect to Articles II and III of the Convention.
43—Witnesses to international wills
The conditions requisite to acting as a witness to an international will are governed by the law of this jurisdiction.
44—Application of Act to international wills
To avoid doubt, the provisions of this Act that apply to wills extend to international wills.