Succession Acts Amendment Act of 1968 (Qld)

52 ANNO SEPTIMO DECIMO ELIZABETHAE SECUNDAE REGINAE No. 8 of 1968 An Act to Amend "The Succession Acts, 1867 to 1943," in certain particulars and to Enable Adequate Provision to be made from the Estate of a Deceased Person for the Proper Maintenance and Support of the Family of that Person [ ASSENTED TO 16TH APRIL, 1968] BE IT ENACTED by the Queen's Most Excellent Majesty, by and with the advice and consent of the Legislative Assembly of Queensland in Parliament assembled, and by the authority of the same, as follows:- 1. Titles. (1) This Act may be cited as " The Succession Acts Amendment Act of 1968." (2) This Act shall be read and construed as one with the " SuccessionAct of 1867," " The Wills (Soldiers, Sailors, and Members of the Air Force) Act of 1940," " The Succession Acts Amendment Act of 1942," and " The

Succession Acts Amendment Act of 1968, No. 8 53 Succession Acts and Another Act Amendment Act of 1943," which Acts are herein cited as " The Succession Acts, 1867 to 1943," and collectively referred to as the Principal Act. (3) Without prejudice to any other mode of citation, the Principal Act as amended by this Act may collectively be cited as " The Succession Acts, 1867 to 1968." 2. Application of Act. Except as is otherwise expressly provided in this Act, the provisions of the Principal Act as amended by this Act shall apply and extend in respect of the estate of a deceased person dying on or after the passing of this Act. 3. Savings . The provisions of the Principal Act as amended by this Act shall be read and construed as being in addition to and without derogation from the powers, authorities, and jurisdiction of the Supreme Court in its ecclesiastical jurisdiction or otherwise in respect to the estates of deceased persons. 4. Insertion of new s. 1. The "Succession Act of 1867," as heretofore amended, is amended by inserting before the heading " Interpretation the following heading and section- " PART I-PRELIMINARY [1.] Division of Act. This Act is divided into Parts and a Schedule as follows:- PART I-PRELIMINARY; PART II-DOWER, DESCENT, ESCHEAT, FORFEITURE, &C.; PART Ill-DISTRIBUTION ON INTESTACY; PART IV-WILLS, POWERS, USES, REMEDIES AGAINST REALTY, &C.; PART V-FAMILY PROVISION; PART VI-GENERAL; SCHEDULE." 5. Renumbering of s. 1. The "Succession Act of 1867," as heretofore amended, is amended by renumbering section one as section IA. 6. Amendment of s. IA. Section I A of the " Succession Act of 1867," as numbered by this Act is amended by inserting after the paragraph commencing with the words " and the words " personal estate " " the following paragraph:- '` and the word " Part " shall mean Part of this Act". 7. Insertion of heading . The " Succession Act of 1867," as heretofore amended, is amended by inserting immediately after section IA as numbered by this Act the heading " PART 11-DOWER, DESCENT, ESCHEAT, FORFFITURE. &C.".

54 Succession Acts Amendment Act of 1968, No. 8 8. Repeal of and new ss. 29 to 35. The " Succession Act of 1867," as heretofore amended, is amended by repealing the heading appearing immediately after section twenty-eight and sections twenty-nine, thirty, thirty-one, 31A, 31n, thirty-two, thirty-three, thirty-four, and thirty-five and by inserting immediately after section twenty-eight the following heading and sections:- "PART 11 I-DISTRIBUTION ON INTESTACY [29.] Interpretation . (1) In this Part, unless the contrary intention appears- " Child "-includes a child of an intestate born out of lawful wedlock whose parents have intermarried since the birth of that child notwithstanding that, by the law of the State, Territory or country where the father of that child was domiciled at the date of his marriage to the mother of that child, such child did not become legitimated by virtue of that marriage; " Intestate "-means a person who dies and either does not leave a will or leaves a will but does not dispose effectively by the will of the whole or part of his real or personal property; " Residuary estate "-in relation to an intestate, means- (a) in the case of an intestate who leaves a will-the real and personal property of the intestate that is not effectively disposed of by the will; or (b) in any other case-the real and personal property of the intestate, which is available for distribution after payment thereout of all such funeral, testamentary and administration expenses, duties, debts and other liabilities as are properly payable thereout. (2) For the purposes of this Part, in ascertaining relationship it is immaterial whether the relationship is of the whole blood or the half blood. (3) The provisions of this Part shall be subject to the provisions of an order made under and in accordance with the provisions of Part V of this Act and shall be applied accordingly. [30.] Distribution of residuary estate on intestacy . The person or persons entitled to take an interest in the residuary estate of an intestate, and the interest in that estate which that person is or those persons are entitled to take shall be ascertained by reference to the Schedule to this Act according to the facts and circumstances existing in relation to the intestate. For the purposes of this Act- (a) the brothers and sisters of the intestate; (h) the grandparents of the intestate; (c) the brothers and sisters of a parent of the intestate: (d) the children of any brothers or sisters of an intestate who predecease the intestate; and (e) the children of any brothers or sisters of a parent of an intestate who predecease the intestate, are the next of kin of the intestate.

Succession Acts Amendment Act of 1968, No. 8 55 [31.] Manner of distribution to issue . (1) Where an intestate is survived by issue who are entitled to the whole or a part of the residuary estate of the intestate- (a) if only one person being a child or remoter issue of the intestate survives the intestate-that person is entitled to the whole, or that part, of the residuary estate, as the case may be; or (h) in any other case-the whole or that part of the residuary estate shall be divided into a number of parts ascertained in accordance with subsection (2) of this section and- (i) each child (if any) of the intestate who survived the intestate is entitled to one of those parts; and (ii) the issue of each child (if any) of the intestate who died before the intestate leaving issue who survived the intestate are entitled to one of those parts through all degrees, according to their stocks, and, if there shall be more than one issue, in equal shares. (2) The number of parts for the purposes of paragraph (b) of subsection (I) of this section is a number equal to the sum of- (a) a number equal to the number of children (if any) of the intestate who survived the intestate; and (b) a number equal to the number of children (if any) of the intestate who died before the intestate leaving a child or remoter issue who survived the intestate. [32.] Manner of distribution to next of kin. (1) Where, by virtue of this Act, the next of kin of an intestate are entitled to the residuary estate of the intestate, the persons entitled to that residuary estate shall be ascertained in accordance with the following paragraphs:- (a) the brothers and sisters of the intestate who survived the intestate, and the children of a brother or sister of the intestate who died before the intestate, being children who survived the intestate, are entitled to the residuary estate of the intestate; (b) if the intestate is not survived by any persons entitled to the residuary estate under the last preceding paragraph but is survived by one or more of his grandparents, the grandparent is entitled to the residuary estate of the intestate, or the grandparents are entitled to the residuary estate in equal shares, as the case requires; and (c) if the intestate is not survived by any persons entitled to the residuary estate under the last two preceding paragraphs, the uncles and aunts of the intestate who survived the intestate and the children of an uncle or aunt who died before the intestate, being children who survived the intestate, are entitled to the residuary estate of the intestate. (2) The residuary estate of an intestate shall be divided amongst:- (a) the brothers and sisters of the intestate, and the children of those brothers or sisters who died before the intestate, in the same manner as the residuary estate would have been divided amongst those persons if the brothers and sisters had been children of the intestate and the children of a brother or sister who died before the intestate had been children of a child of the intestate who died before the intestate:

56 Succession Acts Amendment Act of 1968, No. 8 (b) the uncles and aunts of the intestate and the children of those uncles or aunts who died before the intestate, in the same manner as the residuary estate would have been divided amongst those persons if the uncles and aunts had been children of the intestate and the children of an uncle or aunt who died before the intestate had been children of a child of the intestate who died before the intestate: Provided that the said residuary estate of the intestate shall not be divided amongst the issue of a brother or sister or of an uncle or aunt who died before the intestate more remote than the children of any such brother or sister, uncle or aunt. [33.] Administration with the will annexed. The Supreme Court on and after the passing of " The Succession Acts Amendment Act of 1968 " shall continue to grant administration with the will annexed in every case where it was usual to make such grant before the passing of that Act and in such case the will of the deceased person shall be performed and observed in like manner as if probate thereof had been granted to an executor. [34.] Partial Intestacies . (1) The executor of the will of an intestate shall hold, subject to his rights and powers for the purposes of administration, the residuary estate of the intestate on trust for the persons entitled to it. (2) An executor of the will of an intestate is not entitled to take beneficially any part of the residuary estate of the intestate unless it appears by the will that he is intended so to take that part. (3) Where the spouse of an intestate acquires a beneficial interest under the will of the intestate in the real or personal property of the intestate , item 3 of Part I of the Schedule to this Act applies as if- (a) in a case where the value of the beneficial interest so acquired by the spouse under the will does not exceed twenty thousand dollars-the references to the sum of twenty thousand dollars were read as references to that sum less the value of that beneficial interest; or (b) in any other case-the references to the sum of twenty thousand dollars or the whole of the residuary estate, whichever is the less, were omitted. For the purposes of this subsection, a beneficial interest in real or personal property acquired by virtue of the exercise, by will, of a general power of appointment, shall be taken to be an interest acquired under that will. [35.] Public Curator may distribute small estates . (1) For the purposes of this section, the term " illegitimate child " in relation to any person means a child of that person, born out of lawful wedlock, and who is not otherwise legitimised or legitimated or adopted in accordance with the law of the State, Territory or country where the adoption takes place as in force at the date of the adoption. (2) Notwithstanding anything contained in this Act or in any other Act or law or rule or practice or process of law, where a person being a widow or widower or an unmarried person dies or has died without leaving a will, and without leaving any lawful issue but leaving an

Succession Acts Amendment Act of 1968, No. 8 57 illegitimate child or children, then, if the residuary estate of such person does not exceed two thousand dollars, the following provisions shall apply, namely:- (a) for the purpose of the distribution of the residuary estate an illegitimate child shall be deemed the lawful child of the deceased person; (b) the Public Curator, upon being satisfied that the evidence submitted to him on behalf of an illegitimate child is reasonably sufficient to establish that such child is the offspring of the deceased person, shall have power, authority, and jurisdiction to distribute the whole of the residuary estate of the deceased person to such child, or if the deceased person is survived by more than one illegitimate child, to distribute the whole of the residuary estate to such illegitimate children in equal shares. (3) Notwithstanding anything contained in this Act or in any other Act or law or rule or practice or process of law, where a person, being an illegitimate child and being a widow, widower or an unmarried person dies or has died without leaving a will and without leaving any issue (whether born in or out of lawful wedlock) but leaving a mother, then the following provisions shall apply, namely:- (a) for the purpose of the distribution of the residuary estate the mother shall be deemed the lawful mother of the deceased person and to the same extent as if the deceased person were her offspring born in lawful wedlock; (b) the Public Curator, upon being satisfied that the evidence submitted to him on behalf of the mother is reasonably sufficient to establish that the deceased person was her offspring, shall have power, authority, and jurisdiction to distribute the whole of the residuary estate of the deceased person to the mother absolutely and exclusively. (4) (i) No grant of administration in respect of any estate to which this section applies shall be made by the Supreme Court to any person other than the Public Curator; (ii) The Public Curator shall have and may exercise all or any of his powers, authorities and jurisdiction under " The Public Curator Acts, 1915 to 1957," " The Intestacy Act of 1877 " (as amended by subsequent Acts), or under any other Act or Law or Rule of Court in relation to the allowance of claims or to the distribution of residuary estates in respect of any estate to which this section applies which are, mutatis mutandis, applied herein accordingly.". 9. Insertion of new heading . The " Succession Act of 1867," as heretofore amended, is amended by inserting immediately after section thirty-five the heading "PART IV-WILLS, POWERS, USES, REMEDIES AGAINST REALTY, &C." 10. Repeal of and new s. 37. The " Succession Act of 1867," as heretofore amended, is amended by repealing section thirty-seven and inserting in its stead the following section:- [37.] (1) Persons of the age of 18 years and married persons may make a valid will. A person- (a) who is of or over the age of eighteen years; (b) who, being under the age of eighteen years, is married or is a member of the Defence Force of the Commonwealth, shall have the same capacity to make a valid will as a person of or over the age of twenty-one years heretofore had.

58 Succession Acts Amendment Act of 1968, No. 8 (2) Save as provided in subsection (1) of this section, no will made by any person under the age of eighteen years shall be valid. (3) Transitional Provisions . The provisions of this section shall not apply to and in relation to a will of a testator who died before the passing of " The Succession Acts Amendment Act of 1968," but shall apply to and in relation to a will of a testator who dies on or after the passing of that Act whether the will be executed before, on or after the passing of that Act, and section thirty-seven of this Act, as in force immediately before the passing of " The Succession Acts Amendment Act of 1968 " shall continue to apply to and in relation to a will of a testator who died before the passing of " The Succession Act. Amendment Act of 1968," as if that lastmentioned Act had not come into operation." 11. Repeal and savings of 5 Geo. V No. 26. (1) Subject to subsection (2) of this section " The Testator's Family Maintenance Acts, 1914 to 1952 " (in this section referred to as the " repealed Acts ") are repealed. (2) The repealed Acts shall continue to apply to and with respect to the estates of persons dying prior to the passing of this Act. 12. Insertion of Part V. The " Succession Act of 1867," as heretofore amended, is amended by inserting immediately after section eighty-eight the following heading and sections:- " PART V-FAMILY PROVISION [89.] Meaning of terms. In this Part unless the context otherwise indicates or requires the following terms shall have the meanings respectively assigned to them that is to say:- " Adopted child "-in relation to any person, a child that is adopted by such person or by such person and his spouse jointly, in accordance with the law of the State, Territory or country where the adoption takes place as in force at the date of the adoption: " Child "-in relation to any person, any legitimate, illegitimate or legitimised child, stepchild or adopted child of that person: " Court "-the Supreme Court of Queensland or any Judge thereof: Personal representative "-any person to whom probate has or letters of administration have been granted, or who is entitled by virtue of any other administration or under any statutory power to administer or take charge of any property of a deceased person: " Stepchild "-in relation to any person, a child by a former marriage of that person's husband or wife: " Wife"-includes a woman who has been divorced whether before on or after the passing of " The Succession Acts Amendment Act of 1968 " by or from her husband if she has not remarried before the time of his death and if she is at the time of his death receiving or entitled to receive maintenance from him. [90.] Estate of deceased person liable for maintenance . (1) If any person (hereinafter called " the deceased person ") dies whether testate or intestate and in terms of the will or as a result of the intestacy adequate provision is not made from the estate for the proper maintenance and support of the deceased person's wife, husband, or child, the Court may, in its discretion, on application by or on behalf

Succession Acts Amendment Act of 1968, No. 8 59 of the said wife, husband, or child, order that such provision as the Court thinks fit shall be made out of the estate of the deceased person for such wife, husband, or child: Provided that the Court before making an order in respect of an illegitimate child of a deceased person shall satisfy itself that the evidence submitted to it on behalf of such child is reasonably sufficient to establish that such child is the offspring of the deceased person. (2) The Court may- (a) attach such conditions to the order as it thinks fit; or (b) if it thinks fit, by the order direct that the provision shall consist of a lump sum or a periodical or other payment; or (c) refuse to make an order in favour of any person whose character or conduct is such as, in the opinion of the Court, disentitles him or her to the benefit of an order, or whose circumstances are such as make such refusal reasonable. (3) The incidence of the payment or payments ordered shall, unless the Court otherwise directs, fall rateably upon the whole estate of the deceased person, or, in cases where the authority of the Court Goes not extend or cannot directly or indirectly be made to extend to the whole estate, then to so much thereof as is situated in Queensland. (4) The Court may, by such order or any subsequent order, exonerate any part of the estate of the deceased person from the incidence of the order, after hearing such of the parties as may be affected by such exoneration as it thinks necessary, and may for that purpose direct the personal representative to represent, or appoint any person to represent, any such party. (5) The Court may at any time fix a periodic payment or lump sum to be paid by any beneficiary in the estate, to represent, or in commutation of, such proportion of the sum ordered to be paid as falls upon the portion of the estate in which he is interested, and exonerate such portion from further liability, and direct in what manner such periodic payment shall be secured, and to whom such lump sum shall be paid, and in what manner it shall be invested for the benefit of the person to whom the commuted payment was payable. (6) Where an application has been filed on behalf of any person it may be treated by the Court as, and, so far as regards the question of limitation, shall be deemed to be, an application on behalf of all persons who might apply. (7) The personal representative or The Public Curator of Queensland or the Director of Children's Services, or any person acting as the next friend of any infant or any mentally ill person, may apply on behalf of any person being an infant, or being mentally ill in any case where such person might apply, or may apply to the Court for advice or directions as to- whether he ought so to apply; and, in the latter case, the Court may treat such application as an application on behalf of such person for the purpose of avoiding the effect of limitation. (8) Unless the Court otherwise directs, no application shall be heard by the Court at the instance of a party claiming the benefit of this Part unless the proceedings for such application be instituted within six months from the date of the grant in Queensland of probate of the will or letters of administration of the estate of the deceased person or, in the

60 Succession Acts Amendment Act of 1968, No. 8 case of an estate being administered by the Public Curator of Queensland, the date of the grant of the Order to Administer or the filing of an Election to Administer such estate. (9) Upon any order being made, the portion of the estate comprised therein or affected thereby shall be held subject to the provisions of the order. (10) No mortgage, charge, or assignment of any kind whatsoever of or over such provision, made before the order is made, shall be of any force, validity, or effect; and no such mortgage, charge, or assignment made after the order is made shall be of any force, validity, or effect unless made with the permission of the Court. [91.] Court may vary order . (1) Where (whether before or after the passing of " The Succession Acts Amendment Act of 1968 ") the Court has ordered a periodical payment or has ordered any part of the estate or a lump sum to be invested for the benefit of any person, it may from time to time on the application of any person inquire whether any party deriving benefit under the order is still living or has become possessed of or entitled to provisions for his proper maintenance or support and into the adequacy of the provisions, or whether the provisions made by the order for any such party remain adequate, and may increase or reduce the provisions so made or discharge, vary, or suspend the order, or make such other order as is just in the circumstances: Provided that the Court shall not increase the provisions so made unless the income of the estate or, as the case may be, the capital or income of the part of the estate or lump sum invested for the benefit of the person concerned in pursuance of the original order is considered by the Court to be sufficient for the purposes of such increase and all other lawful payments (if any) therefrom. (2) Without derogating from the provisions of subsection (1) of this section, where the Court has increased the provisions so made for the benefit of any person and at any subsequent date the income of the estate or, as the case may be, the capital or income of the part of the estate or lump sum invested for the benefit of the person concerned is considered by the Court to be insufficient for the purposes of such provisions and all other lawful payments (if any) therefrom, the Court may reduce or suspend any increase or discharge, vary, or suspend the original order, or make such other order as is just in the circumstances. [92.] (1) Manner of computing duty on estate . Where an order is made by the Court under this Part, all duties payable in consequence of the death of the deceased person shall be computed in the following manner:- (a) where the deceased person leaves a will, as if the provisions of such order had been part of the will; (b) where the deceased person did not leave a will, as if the provisions of such order had been part of the law governing the distribution of the estates of persons dying intestate. (2) Refund of duty paid in excess. Any duty paid in excess of the amount required to be paid under this section shall, on application and without further appropriation than this Part, be refunded to the person entitled to receive the same. [93.] Protection of personal representative . (1) No action shall lie against the personal representative by reason of his having distributed any part of the estate, and no application or order under this Part shall disturb the distribution, if it was properly made by the personal

Succession Acts Amendment Act of 1968, No. 8 61 representative for the purpose of providing for the maintenance or support of the wife, husband or any child of the deceased person totally or partially dependent on the deceased person immediately before the death of the deceased person whether or not the personal representative had notice at the time of the distribution of any application or intended application under this Part in respect of the estate. (2) No person who may have made or may be entitled to make an application under this Part shall be entitled to bring an action against the personal representative by reason of his having distributed any part of the estate if the distribution was properly made by the personal representative after the person (being of full legal capacity) has notified the personal representative in writing that the person either- (a) consents to the distribution; or (b) does not intend to make any application that would affect the proposed distribution. (3) No action shall lie against the personal representative by reason of his having distributed any part of the estate if the distribution was properly made by the personal representative after the expiration of six months after the date of grant of probate of the will or of letters of administration or of an Order to Administer or the filing of an Election to Administer (as the case may be) and without notice of any application or intended application under subsection (1) of section ninety of this Act or under section ninety-one of this Act in respect of the estate. (4) For the purposes of this section notice to a personal representative of intention to make any application under this Part shall be in writing signed by the applicant or his solicitor and shall lapse and be incapable of being renewed, and the personal representative may act as if he had not received the notice, unless, before the expiration of three months after the day on which he first receives notice of intention to make the application, the personal representative receives notice in writing that the application has been made to the Court or is served with a copy of the application: Provided that nothing in this subsection shall prevent the subsequent making of an application within any other period allowed pursuant to this Part. [94.] Rules of Court. All such Rules of Court as may be necessary or convenient for regulating the practice and procedure of the Court for the purpose of giving full effect to the provisions of this Part may be made and the provisions of " The Supreme Court Act of 1921 " and " The Supreme Court Acts Amendment (Rules Rati)ication) Act of 1928 shall apply and extend in respect of such Rules of Court." 13. Insertion of heading . The " Succession Act of 1867," as heretofore amended, is amended by inserting immediately prior to section 88A the heading " PART VI-GENERAL ". 14. Renumbering of s. 88A. The " Succession Act of !867," as heretofore amended, is amended by renumbering section 88A as section ninety-five. 15. Renumbering of s. 89 . The " Succession Act of 1867," as heretofore amended, is amended by renumbering section eighty-nine as section ninety-six.

62 Succession Acts Amendment Act of 1968, No. 8 16. Insertion of Schedule. The " Succession Act of 1867," as heretofore amended, is amended by adding after section ninety-six as numbered by this Act the following Schedule:-- "SCHEDULE [Ss. 29 to 34] DISTRIBUTION OF RESIDUARY ESTATE UPON INTESTACY PART I-MANNER OF DISTRIBUTION WHERE INTESTATE IS SURVIVED BY A SPOUSE Item Circumstances Manner in which the residuary estate of the intestate is to be distributed 1. Where the intestate is not The spouse is entitled to the whole survived by- of the residuary estate. (a) issue; or (b) a parent , a brother or sister or a child or children of a brother or sister 2. Where the intestate is survived 1. The spouse is entitled to one-half by issue of the residuary estate if there is only one child or to one-third of the residuary estate if there is more than one child. 2. The issue of the intestate are entitled to the balance of the residuary estate. 3. Where the intestate is not 1. The spouse is entitled- survived by issue but is (a) to the sum of twenty survived by a parent, a thousand dollars from the brother or sister or a child residuary estate or to the or children of a brother or whole of the residuary estate, sister whichever is the less; and (b) if the value of the residuary estate exceeds twenty thous- and dollars, to one-half of the balance of the residuary estate. 2. If the intestate is survived by one or both of his parents (whether or not the intestate is also survived by a brother or sister or a child or children of a brother or sister), the surviving parent is entitled or the surviving parents are entitled in equal shares, as the case may be, to the remaining one-half of the balance of the residuary estate.

Succession Acts Amendment Act of 1968, No. 8 63 SCHED ULE-continued DISTRIBUTION OF RESIDUARY ESTATE UPON INTESTACY- continued PART I-MANNER OF DISTRIBUTION WHERE INTESTATE IS SURVIVED BY A SPOUSE-Continued Item Circumstances Manner in which the residuary estate of the intestate is to be distributed 3. If the intestate is not survived by a parent, the brothers and sisters of the intestate, who survive the intestate, and a child or children who survive the intestate of a brother or sister of the intestate who died before the intestate, are entitled to the remaining one-half of the balance of the residuary estate in such shares as he or they would have been entitled to the residuary estate of the intestate if the intestate had not been survived by his spouse. [Ss. 29 to 34] PART II-MANNER OF DISTRIBUTION WHERE INTESTATE IS NOT SURVIVED BY A SPOUSE Item Circumstances Manner in which the residuary estate of the intestate is to be distributed Where the intestate is survived The issue are entitled to the whole by issue of the residuary estate. 2. Where the intestate is not The parent is entitled to the whole survived by issue but is of the residuary estate or, if both survived by a parent or both parents survive the intestate, the parents parents are entitled to the whole of the residuary estate in equal shares. 3. Where the intestate is not The next of kin are entitled to the survived by issue or by a residuary estate in accordance parent but is survived by with section thirty-two of this Act. next of kin 4. Where the intestate is not The residuary estate shall be deemed survived by issue, by a to be bona vacantia and the parent or by next of kin Crown is entitled to it."

64 Succession Acts Amendment Act of 1968, No. 8 17. Repeal of 48 Vic . No. 11. "The Succession Act Declaratory Act of 1884 " is repealed. 18. Repeal of 59 Vic. No. 10. " The Succession Act Amendment Act of 1895 " is repealed. 19. Repeal of 6 Edw. VII No. 24. " The Succession Act of 1906 " is repealed. 20. Repeal of 10 Geo. V No. 6. " The Succession Act of 1906 Declaratory Act of 1919 " Is repealed. 21. Amendment of 4 Geo. VI No. 4. Sections four and six of " The Wills (Soldiers, Sailors, and Members of the Air Force) Act of 1940 " are amended by substituting for the word " twenty-one " wheresoever occurring therein the word " eighteen ".