Powers of Attorney Act 2003

On the application of a named beneficiary referred to in section 22 (1) or such other person as the Supreme Court considers has a proper interest in the matter, the Supreme Court may—

make such orders and direct such conveyances, deeds and things to be executed and done as it thinks fit in order to give effect to section 22, or

if it considers that the operation of section 22 (1) and (2) would result in one or more named beneficiaries gaining an unjust and disproportionate advantage, or suffering an unjust and disproportionate disadvantage, of the kind not contemplated by the will of the deceased principal—make such other orders as the Court thinks fit to ensure that no named beneficiary gains such an advantage or suffers such a disadvantage.

An order made by the Supreme Court under subsection (1) (b)—

may provide that it has effect as if it had been made by a codicil to the will of the deceased principal executed immediately before his or her death, and

has effect despite anything to the contrary in section 22.

An application under subsection (1) must be made within 6 months from the date of the grant or resealing in this State of probate of the will or letters of administration unless the Supreme Court, after hearing such of the persons affected as the Supreme Court thinks necessary, extends the time for making the application.

An extension of time granted under subsection (3) may be granted—

on such conditions as the Supreme Court thinks fit, and

whether or not the time for making an application under this section has expired.