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POWERS OF ATTORNEY ACT 2003 - SECT 23
Supreme Court may make orders confirming or varying operation of section 22
23 Supreme Court may make orders confirming or varying operation of section 22
(1) On the application of a named beneficiary referred to in section 22 (1) or
such other person as the Supreme Court considers has a proper interest in the
matter, the Supreme Court may: (a) make such orders and direct such
conveyances, deeds and things to be executed and done as it thinks fit in
order to give effect to section 22, or
(b) if it considers that the operation
of section 22 (1) and (2) would result in one or more named beneficiaries
gaining an unjust and disproportionate advantage, or suffering an unjust and
disproportionate disadvantage, of the kind not contemplated by the will of the
deceased principal--make such other orders as the Court thinks fit to ensure
that no named beneficiary gains such an advantage or suffers such a
disadvantage.
(2) An order made by the Supreme Court under subsection (1)
(b): (a) may provide that it has effect as if it had been made by a codicil to
the will of the deceased principal executed immediately before his or her
death, and
(b) has effect despite anything to the contrary in section 22.
(3) An application under subsection (1) must be made within 6 months from the
date of the grant or resealing in this State of probate of the will or letters
of administration unless the Supreme Court, after hearing such of the persons
affected as the Supreme Court thinks necessary, extends the time for making
the application.
(4) An extension of time granted under subsection (3) may be
granted: (a) on such conditions as the Supreme Court thinks fit, and
(b)
whether or not the time for making an application under this section has
expired.
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