Wills Act 1997

Despite section 5, the Court may make an order under this section authorising a minor to make a will in specific terms or revoke a will.

An order under this section may be made on the application of the minor or a person on behalf of the minor.

In making an order under this section, the Court must approve the terms of the will.

The Court may impose any conditions on the authorisation that 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 or revocation and the extent of the property disposed of by it; and

the proposed will or revocation accurately reflects the intentions of the minor; and

it is reasonable in all the circumstances that the order should be made.

In addition to the requirements for the execution of a will specified in Part 2, one of the witnesses to the making of a will under this section must be the Registrar.

A will made under this section must be deposited with the Registrar under Part 1, Division 1A of the Administration and Probate Act 1958.

Despite section 5C of the Administration and Probate Act 1958, any will which has been deposited with the Registrar under subsection (7), must not be withdrawn from deposit unless—

the Court has made an order under this section authorising the revocation of the will; or

the testator has attained 18 years of age or marries.

A failure to comply with subsection (7) does not affect the validity of the will.