21B
In forceMatters of which the Court must be satisfied before making an order under section 21
Part 3Wills made or rectified under Court authorisation
Division 2Court authorised wills for persons who do not have testamentary capacity
21B Matters of which the Court must be satisfied before making an order under section 21
Before making an order under section 21, the Court must be satisfied that—
(a)
the person on whose behalf the will is to be made or revoked does not have testamentary capacity; and
(b)
the proposed will or revocation reflects what the intentions of the person would be likely to be, or what the intentions of the person might reasonably be expected to be, if the person had testamentary capacity; and
(c)
it is reasonable in all the circumstances for the Court, by order, to authorise the making of the will for the person.
S. 21C inserted by No. 80/2014 s. 28.
Research tools for this sectionSubscription
The statute text is free to read above. View subscription options to unlock the case-law research tools for each provision.