Northern Territory Consolidated Acts

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WILLS ACT - SECT 18

Court may authorise wills by minors

18. Court may authorise wills by minors

(1) The Court may, on application by or on behalf of a minor, make an order authorising the minor to -

(a) make or alter a will in the terms approved by the Court; or

(b) revoke the whole or a part of the will of the minor.

(2) Before making the order the Court must be satisfied that -

(a) the minor understands the nature and effect of the proposed will or alteration or revocation of the will and the extent of the property disposed of by it;

(b) the proposed will or alteration or revocation of the will accurately reflects the intentions of the minor; and

(c) it is reasonable in all the circumstances that the order should be made.

(3) The Court may make an order under subsection (1) subject to the terms and conditions the Court considers fit.

(4) A will or an instrument made pursuant to an order made under subsection (1) that makes or alters or revokes the whole or a part of a will is not valid unless -

(a) it is executed as required by this Act;

(b) one of the attesting witnesses is the Registrar; and

(c) it is made in accordance with the conditions of the order.

(5) After the will or instrument referred to in subsection (4) is executed, the Registrar must -

(a) if the Registrar is a prescribed person - retain the will or instrument; or

(b) in any other case - deposit the will or instrument with a prescribed person,

and, on the will or instrument being retained by or deposited with a prescribed person under paragraph (a) or (b), it is to be taken to have been deposited with the prescribed person in accordance with Part 6.

(6) A will made by a deceased minor is a valid will if it is made in accordance with the law relating to wills of minors in force in the place where the deceased was residing at the time of execution of the will.



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