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WILLS ACT 1968 - SECT 8B Supreme Court enabling revocation of will by child

WILLS ACT 1968 - SECT 8B

Supreme Court enabling revocation of will by child

    (1)     A child who has made a valid will and has not at any time been married or in a civil union may apply to the Supreme Court for an order declaring that the child is entitled to revoke the will, or a part of the will, by an instrument in the terms of a proposed instrument attached to the application.

    (2)     On an application made by a child under subsection (1), the Supreme Court may, if it is satisfied that—

        (a)     the child understands the nature and effect of the proposed instrument; and

        (b)     the proposed instrument accurately reflects the intentions of the child; and

        (c)     it is reasonable in all the circumstances that the child should be able to revoke the will, or the part of the will, by the proposed instrument;

make an order declaring that the child is entitled to revoke the will, or the part of the will, by executing an instrument in the specific terms of the proposed instrument attached to the application.