Court must be satisfied about certain matters
22 Court must be satisfied about certain matters
The Court must refuse leave to make an application for an order under section 18 unless the Court is satisfied that—
there is reason to believe that the person in relation to whom the order is sought is, or is reasonably likely to be, incapable of making a will, and
the proposed will, alteration or revocation is, or is reasonably likely to be, one that would have been made by the person if he or she had testamentary capacity, and
it is or may be appropriate for the order to be made, and
the applicant for leave is an appropriate person to make the application, and
adequate steps have been taken to allow representation, as the Court considers appropriate, of persons with a legitimate interest in the application, including persons who have reason to expect a gift or benefit from the estate of the person in relation to whom the order is sought.
This Act’s bill:Explanatory memorandumSecond reading speech
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