Wills Act 2008

The Court must refuse leave to make an application for an order under this Division unless the Court is satisfied that –

the applicant is an appropriate person to make an application; and there is reason to believe that the proposed testator is or may be incapable of making a will; and adequate steps have been taken to allow representation of all persons with a legitimate interest in the application, including persons who have reason to expect a disposition or benefit from the estate of the proposed testator; and it is or may be appropriate for an order authorising the making, alteration or revocation of a will to be made for the proposed testator; and the proposed will, alteration or revocation is or is reasonably likely to be one that would have been made by the proposed testator if he or she had had testamentary capacity.