Execution and storage of wills made under an order under section 21
25 Execution and storage of wills made under an order under section 21
A will which is made under an order under section 21 is not valid unless it is in writing, signed by the Registrar and sealed with the seal of the Court.
The revocation of a will which is made under an order under section 21 is not valid unless it is effected by a document which is signed by the Registrar and sealed with the seal of the Court.
Any will and any document to which this section applies 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1958, any will and any document to which this section applies, which has been deposited with the Registrar, must not be withdrawn from the deposit unless—
the Court has made an order under this section revoking the will; or
the person on whose behalf the will has been made has acquired or regained testamentary capacity.
A failure to comply with subsection (3) does not affect the validity of the will.
S. 26 amended by No. 38/2007 s. 3, repealed by No. 80/2014 s. 30.
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S. 27 amended by No. 69/2009 s. 54(Sch. Pt 1 item 66.2), repealed by No. 80/2014 s. 30.
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S. 28 amended by No. 80/2014 s. 48, repealed by No. 80/2014 s. 30.
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S. 29 amended by Nos 52/1998 s. 311(Sch. 1 item 108), 18/2005 s. 18(Sch. 1 item 119), repealed by No. 80/2014 s. 30.
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