SUCCESSION ACT 2006 - SECT 19
Information required in support of application for leave
SUCCESSION ACT 2006 - SECT 19
Information required in support of application for leave
19 Information required in support of application for leave
(1) A person must obtain the leave of the Court to make an application to the
Court for an order under section 18.
(2) In applying for leave, the person
must (unless the Court otherwise directs) give the Court the following
information--
(a) a written statement of the general nature of the application
and the reasons for making it,
(b) satisfactory evidence of the lack of
testamentary capacity of the person in relation to whom an order under
section 18 is sought,
(c) a reasonable estimate, formed from the evidence
available to the applicant, of the size and character of the estate of the
person in relation to whom an order under section 18 is sought,
(d) a draft
of the proposed will, alteration or revocation for which the applicant is
seeking the Court's approval,
(e) any evidence available to the applicant of
the person's wishes,
(f) any evidence available to the applicant of the
likelihood of the person acquiring or regaining testamentary capacity,
(g)
any evidence available to the applicant of the terms of any will previously
made by the person,
(h) any evidence available to the applicant, or that can
be discovered with reasonable diligence, of any persons who might be entitled
to claim on the intestacy of the person,
(i) any evidence available to the
applicant of the likelihood of an application being made under Chapter 3 of
this Act in respect of the property of the person,
(j) any evidence available
to the applicant, or that can be discovered with reasonable diligence, of the
circumstances of any person for whom provision might reasonably be expected to
be made by will by the person,
(k) any evidence available to the applicant of
a gift for a charitable or other purpose that the person might reasonably be
expected to make by will,
(l) any other facts of which the applicant is aware
that are relevant to the application.