Court may authorise wills by minors
20 Court may authorise wills by minors
The Court may, on application by or on behalf of a minor, make an order authorising the minor to make or alter a will in specific terms approved by the Court, or to revoke the whole or any part of a will of the minor.
An authorisation under this section may be granted on such conditions as the Court thinks fit.
Before making an order under this section, the Court must be satisfied that – the minor understands the nature and effect of the proposed will, alteration or revocation and the extent of the property disposed of by it; and the proposed will, alteration or revocation accurately reflects the intentions of the minor; and it is reasonable in all the circumstances that the order should be made.
A will or instrument making or altering, or revoking the whole or any part of, a will made pursuant to an order under this section – must be executed as required by law and one of the attesting witnesses must be the Registrar; and must be retained by the Registrar; and is not valid if it is made in breach of any condition subject to which an authorisation under this section is granted.
A will made by a deceased minor according to the law relating to wills of minors of the place where the deceased was resident at the time of execution is a valid will of the deceased.
The Court may make an order under this section even if the will was made before the commencement of this Act.
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