AustLII Tasmanian Consolidated Acts

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TESTATOR'S FAMILY MAINTENANCE ACT 1912 - SECT 8A

Evidence as to deceased's reasons for dispositions

(1)  On the hearing of an application under subsection (1) of section three, the Court or judge may have regard to the deceased person's reasons, so far as they are ascertainable, for making the dispositions made by his will, or for not making any provision or further provision, as the case may be, for any person, and the Court or judge may accept such evidence of those reasons as it or he considers sufficient, whether that evidence would otherwise be admissible in a court of law or not.
(1A)  Where an application under section 3(1) relates to a will made under Part 3 of the Wills Act 2008 by the Tasmanian Civil and Administrative Tribunal or the Court, the Court or judge may have regard to the records of the Tribunal or Court relating to the person for whom the will was made and the reasons given by the Tribunal or Court for making an order authorising the making or alteration of a will in specific terms.
(2)  Nothing in this section shall be construed as restricting the evidence that is admissible, or the matters that may be taken into account, on the hearing of an application under subsection (1) of section three.



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