Queensland Consolidated Acts

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SUCCESSION ACT 1981 - SECT 23

Information required by court in support of application for order under s 21

23 Information required by court in support of application for order under s 21

An application for the making of an order under section 21 in relation to a person must be accompanied by the following information—

(a) the reasons for making the application;
(b) evidence of the lack of testamentary capacity of the person;
(c) any evidence available to the applicant of the likelihood of the person acquiring or regaining testamentary capacity;
(d) an estimate, formed from the evidence available to the applicant, of the size and character of the person’s estate;
(e) a draft of the proposed will, alteration or revocation in relation to which the order is sought;
(f) any evidence available to the applicant of the person’s wishes;
(g) any evidence available to the applicant of the terms of any will previously made by the person;
(h) any evidence available to the applicant of the likelihood of an application being made under section 41 in relation to the person;
(i) any evidence available to the applicant of a gift for a charitable or other purpose that the person might reasonably be expected to give by will;
(j) any evidence available to the applicant of the circumstances of a person for whom provision might reasonably be expected to be made by a will by the person in relation to whom the order is sought;
(k) any evidence available to the applicant of any persons who might be entitled to claim on intestacy;
(l) any other facts of which the applicant is aware that are relevant to the application.



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