Succession Act 1981

This section applies if a disposition of property is made by a will to a person (the interested witness) who attests the execution of the will.

The disposition is void to the extent it concerns the interested witness or a person claiming under the interested witness.

However, subsection (2) does not apply if—

at least 2 of the people who attested the execution of the will are not interested witnesses; or

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—

a debt; or

appropriate remuneration to an executor, administrator, legal practitioner or other person for acting in relation to the administration of the testator’s estate.