Australian Capital Territory Current Acts

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Retention of will

    (1)     Despite section 32 (4), a will deposited with the registrar in accordance with this part must not be delivered to the person for whom it was made unless—

        (a)     the Supreme Court has made an order under section 16A (Court may authorise a will to be made, altered or revoked for a person without testamentary capacity) authorising the revocation of the whole of the will; or

        (b)     the person has acquired or regained testamentary capacity.

    (2)     If the registrar is given a copy of an order made under section 16A authorising the revocation of the whole of a will, the registrar must—

        (a)     enter the particulars of the order in the index; and

        (b)     with the permission of a judge of the Supreme Court, cause the will to be destroyed; and

        (c)     enter the date when the will was destroyed in the index.

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