What is a section 56 declaration?

What the Law Says

Section 56 of the Succession Act 1965 allows certain beneficiaries to formally confirm their acceptance of a gift or entitlement under a will or on intestacy — and in doing so, give up (waive) any right to dispute it later.

This declaration is used mainly when someone is entitled to a share in an estate either under a will or under the rules of intestacy (i.e., when there’s no valid will), and they wish to confirm that they accept what they’re due — and won’t later claim more or challenge the distribution.

It must be in writing and signed by the person making it. Once made, it prevents that person from later bringing legal proceedings to contest the will or claim a larger share (e.g., under section 117 for provision from a deceased parent’s estate).

The declaration does not need to be witnessed, registered, or filed with any court or authority — but it should be kept safely, as it may be needed to prove the beneficiary’s position if disputes arise later.

Statutory Text

Where a person entitled to a share in the estate of a deceased person makes a declaration in writing that he accepts such share and waives all rights to make any claim against the estate, such declaration shall be binding on him and shall preclude him from making any such claim.

— Succession Act 1965, s. 56 — Declaration of acceptance of share in estate

What to Do

Sources