Succession Acts Amendment Act of 1942 (6 Geo Vi No. 20) (Qld)

296 SUCCESSION. - -.- --- --. --- -.- --- --- --- -~- ~-- - Succes8ion Acts Amendment Act. 6 GEO. VI. No. 20,1942. SUCCESSION. (I) Succes8ion Act8 Amendment Act of 1942 (2) Testator'8 Family Maintenance Act Amendment Act of 1943 6 Geo. VI. No. 20 7 Geo. VI. No. 4 6 N G o E . O. 20 V . I. An Act to Amend "The Succession Acts, 1867 to THE SUCCESSION 1895," in certain particulars, and for other ACTS AMENDMENT ACT OF 1942. purposes. [ASSENTED TO 12TH NOVEMBER, 1942.] B E it enacted by the King's Most Excellent Majesty, by and with the advice and consent of the Legis- lative Assembly of Queensland in Parliament assembled, and by the authority of the same, as follows :- Short title 1. (1.) This Act may be cited as "The Succession and t t. Acts Amendment Act of 1942," and shall be read as one . cons ruc Ion with *" The Succession Acts, 1867 to 1895," herein referred to as the Principal Act. Commence- (2.) This Act shall come into force on and from the ment of Act. first day of January, one thousand nine hundred and forty-three. Amendments of the Principal Act. New s. 88A. 2. A new section, 88A, is inserted after section eighty-eight of the Principal Act, as follows :- Presumption "[88A.] (1.) In all cases where, after the commence- isonurfrve. Igvaorrdsh t . I o p mt W e O not romf t o " re T p h e e rs S o u n c s ce h s a s v io e n d A ie c d ts I.n Am C.I e r n c d u m m e s n ta t n A ce c s t r o e f n1d9e4r2m. " g claims tto it uncertain which of them survived the other or others, f~ ? : ~ eYAct such deaths shall (subject to any order of the court), for ~ ~ G:3· 5 all purposes affecting the title to property, be presumed s. i84.) to have occurred in order of seniority, and accordingly the younger shall be deemed to have survived the elder. Meaning of (2) In this section, unless the context otherwise " (C p f r . otpheerAtyc. t" requires' the term" property" includes real estate and 15 Gao. 5 personal estate." c. 20 s. 205 (1) (xx).) Repeal of . 3. Section twenty-six of t" The Titles to LandAct s (C .2 f. 6 t . he Act of 1858 ;; is repealed: 22Vic. No. 1.) * 31 V. No. 24 and amending Acts. See v. 9. pp. 7 et St.g. t This Act. t 22 V. No. 1. See v. 8, p. 160.

SUCCESSION. 297 Testator'8 Family Maintenance, Etc., Act. 7 GEO. VI. No. 4, 1942. Provided that such repeal shall have operation and Saving. effect only in respect of those cases where the death of the two or more persons under the circumstances as set forth in the said section twenty-six took place on and after the commencement of this Act. 4. Without prejudice to any other mode of citation, C:otlec}ive *" The Succession Acts, 1867 to 1895," t" The Succession ~ ! : c~ ssion Act of 1906," t" The Succession Act of 1906 Declaratory Acts. Act of 1919," §;' The Wills (Soldiers, Sailors, and Members of the Air Force) Act of 1940," and this Act, may collectively be cited as "The Succession Acts, 1867 to 1942." An Act to Amend "The Testator's Family Main- 7 G N E o O . . 4 V . I. tenance Act of 1914" in certain particulars. [ASSENTED TO 8TH APRIL, 1943.] THE TESTATOR'S FAMILY MAINTENANCII ACT AMENDMliNT AOT OF 1943. B E it enacted by the King's :Most Excellent Majesty, by and with the advice and consent of the Legis- lative Assembly of Queensland in Parliament assembled. and by the authority of the same, as follows:- I. (1.) This Act may be cited as "The Testator's Short titre Family Maintenance Act Amendment Act of 1943," and : ~ ~ struction. shall be read as one with 11" The Testator's Family Maintenance Act of 1914," herein referred to as the Principal Act. (2.) The Principal Act and this Act may collectively C:ollective be cited as "The Testator's Family Maintenance Acts~ tItle. 1914 to 1943." A>rnendments of the Principal Act. 2. A new subsection (lA) is inserted after subsection Amendment one of section three of the Principal Act, as follows :_ of s. 3. "(lA.) (i.) The term "child of the testator" New . means- subsectIOn lA. (a) A legitimate or legitimised child; and/or Meaning of _____ ~ _ ~ ~ __________ "child of tho * 31 V. No. 24 and amending Acts. See v. 9, pp. 7 et 8eq. t,esta·tor. " t 6 E. 7 No. 24. See v. 9, p. 44. t 10 G. 5 No. 6. See v. 9, p. 45. § 4 G. 6 No. 4. See 1940 Sess. v., p. 18017. 115 G. 5 No. 26. See v. 9, p. 136.