Children—testamentary capacity
8 Children—testamentary capacity
Subject to this section and section 16, a will made by a child is not valid.
A child who is or has been married or in a civil union may make a valid will and may revoke a will, or a part of a will, that he or she has made.
A will made by a child who may marry or enter into a civil union and that is made in contemplation of a marriage or civil union is, on the solemnisation of the marriage or entry into the civil union contemplated, valid.
If the Supreme Court, on an application by a child under section 8A, makes an order in accordance with that section enabling the child to make a will in the specific terms of a proposed will attached to the application, the child may make a valid will in those terms.
If the Supreme Court, on an application by a child under section 8B, makes an order in accordance with that section enabling the child to revoke a will, or a part of a will, the child may revoke the will, or the part of the will, in accordance with that order.
A child who has made a will in accordance with an order of the Supreme Court under section 8A and who has not at any time been married or in a civil union may not revoke the will, or a part of the will, otherwise than in accordance with an order of the Supreme Court under section 8B.
This section has effect subject to section 9.
The statute text is free to read above. View Pro plans to unlock the case-law research tools for each provision.