(1) The Court may, on
application made by any person, make an order authorising —
making or alteration of a will in specific terms approved by the Court; or
revocation of the whole or any part of a will,
on behalf of a person
who lacks testamentary capacity (the person concerned ).
(2) The Court is not
to make an order under subsection (1) unless, at the time when the order is
made, the person concerned —
reached the age of 18 years.
(3) An order under
subsection (1) may authorise —
making or alteration of a will that deals with the whole, or with only part,
of the property of the person concerned; or
alteration of only part of the person’s will.
(4) A will or
instrument authorised under subsection (1) must be signed by the Principal
Registrar and sealed with the seal of the Court.
[Section 40 inserted: No. 27 of 2007 s. 24.]