Wills Act 1968

A person may apply for an order under section 16A only with the Supreme Court’s leave.

On an application for leave a person must, unless the Supreme Court otherwise directs, give the court the following information:

a written statement of the general nature of the application and the reasons for making it;

satisfactory evidence that the person for whom the order is sought does not have testamentary capacity;

a reasonable estimate, formed from the evidence available to the applicant, of the size and character of the estate of the person for whom the order is sought;

a draft of the proposed will, alteration or revocation for which the applicant is seeking the court’s approval;

any evidence available to the applicant of the wishes of the person for whom the order is sought;

any evidence available to the applicant of the likelihood of the person for whom the order is sought acquiring or regaining testamentary capacity;

any evidence available to the applicant of the terms of any will previously made by the person for whom the order is sought;

any evidence available to the applicant, or that can be discovered with reasonable diligence, of any people who might be entitled to claim on the intestacy of the person for whom the order is sought;

any evidence available to the applicant of the likelihood of an application being made under the Family Provision Act 1969 in relation to the property of the person for whom the order is sought;

any evidence available to the applicant, or that can be discovered with reasonable diligence, of the circumstances of any person for whom provision might reasonably be expected to be made by will by the person for whom the order is sought;

any evidence available to the applicant of a gift for a charitable or other purpose that the person for whom the order is sought might reasonably be expected to make by will;

any other facts of which the applicant is aware that are relevant to the application.