Australian Capital Territory Current Acts

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Court must be satisfied about certain matters

The Supreme Court must refuse leave to make an application for an order under section 16A (Court may authorise a will to be made, altered or revoked for a person without testamentary capacity) unless the court is satisfied that—

        (a)     there is reason to believe that the person for whom the order is sought is, or is reasonably likely to be, incapable of making a will; and

        (b)     the proposed will, alteration or revocation is, or is reasonably likely to be, one that would have been made by the person if he or she had testamentary capacity; and

        (c)     it is or may be appropriate for the order to be made; and

        (d)     the applicant for leave is an appropriate person to make the application; and

        (e)     adequate steps have been taken to allow representation of all people with a legitimate interest in the application, including any person who has reason to expect a gift or benefit from the estate of the person for whom the order is sought.

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