Western Australian Current Acts

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WILLS ACT 1970 - SECT 42

42 .         Certain criteria to be applied by Court

        (1)         In exercising its powers under section 40 the Court must refuse an application if it is not satisfied that —

            (a)         the person concerned is incapable of making a valid will or of altering or revoking the person’s will, as the case may be; and

            (b)         the suggested will, alteration or revocation, or that will, alteration or revocation as revised under section 43(1)(b), is one which could be made by the person concerned if the person were not lacking testamentary capacity; and

            (c)         the applicant is an appropriate person to make the application; and

            (d)         adequate steps have been taken to allow all persons with a legitimate interest in the application, including persons who have reason to expect any benefit from the estate of the person concerned, to be represented in the proceedings.

        (2)         Subsection (1) does not prevent the Court from refusing an application for any other reason.

        [Section 42 inserted: No. 27 of 2007 s. 24.]

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