(1) In exercising its
powers under section 40 the Court must refuse an application if it is not
satisfied that —
person concerned is incapable of making a valid will or of altering or
revoking the person’s will, as the case may be; and
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
applicant is an appropriate person to make the application; and
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.]