Court may authorise will to be made, altered or revoked for person without testamentary capacity
16A Court may authorise will to be made, altered or revoked for person without testamentary capacity
The Supreme Court may, on application, make an order authorising—
a will to be made or altered, in the terms approved by the court, for a person who does not have testamentary capacity; or
a will, or part of a will, to be revoked for a person who does not have testamentary capacity.
Note A person may only make an application for an order if the person has obtained the leave of the Court—see s 16B.
An order under this section may authorise—
the making or alteration of a will that deals with the whole or part of the property of a person who does not have testamentary capacity; or
the alteration of part of the will of the person.
The Supreme Court must not make an order under this section unless the person for whom the order is sought is alive when the order is made.
The Supreme Court may make an order under this section for a child who does not have testamentary capacity.
In making an order under this section, the Supreme Court may give any necessary related orders or directions.
A will that is authorised to be made or altered by an order under this section must be deposited with the registrar.
A failure to comply with subsection (6) does not affect the validity of the will.
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