Wills Act 2008

The Tribunal must not make an order authorising the making of a will for a proposed testator unless it is satisfied –

if there is an applicant, that the applicant is an appropriate person to make the application; and that there is reason to believe that the proposed testator is incapable of making a will; and following such enquiries as are reasonable, that the proposed testator has not made a will or any purported will; and that 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 that it is appropriate to make an order for the execution of a will for a proposed testator; and that the proposed will, alteration of 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.