New South Wales Consolidated Acts

SUCCESSION ACT 2006 - SECT 116

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--

(a) how the right is to be exercised, and

(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

(c) that the right must be exercised within 3 months (or a longer period allowed by the Court) after the date of the notice.

(2) Notice is not required under this section if the spouse is the personal representative, or one of the personal representatives, of the intestate.