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s 16G

Retention of will

In force
Part 3ACourt authorised wills for people without testamentary capacity

16G Retention of will

(1)

A will deposited with the registrar in accordance with this part must not be delivered to the person for whom it was made unless—

(a)

the Supreme Court has made an order under section 16A (Court may authorise will to be made, altered or revoked for person without testamentary capacity) authorising the revocation of the whole of the will; or

(b)

the person has acquired or regained testamentary capacity.

(2)

If the registrar is given a copy of an order made under section 16A authorising the revocation of the whole of a will, the registrar must—

(a)

keep records of the particulars of the order; and

(b)

with the permission of a judge, destroy the will.

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