In New South Wales, the Court may make an order authorising a will to be made or altered in specific terms approved by the Court on behalf of a person who lacks testamentary capacity.
The Court may also make an order authorising a will or part of a will to be revoked on behalf of a person who lacks testamentary capacity.
The Court cannot make any of the above orders unless the person in respect of whom the application is made is alive when the order is made.
The Court may also make an order on behalf of a person who is a minor and who lacks testamentary capacity.
A person who makes an application for a Court ordered Will must obtain the leave of the Court.
In applying for leave, the person must unless the Court otherwise directs give the Court a written statement of the general nature of the application and the reasons for making it, satisfactory evidence of the lack of testamentary capacity of the person in relation to whom an order under section 18 of the Succession Act is made and other matters set out at section 19 of the Succession Act.
The Court must be satisfied about certain matters as set out at section 22 of the Succession Act.
For legal advice regarding the above provisions please contact McAuley Lawyers on 1800 180 500 or emailreception@mcauleylawyers.com.au
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