Northern Territory Consolidated Acts

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WILLS ACT - SECT 20

Leave of Court is required to make application

20. Leave of Court is required to make application

(1) A person must obtain the leave of the Court to make an application to the Court for an order under this Division.

(2) In applying for the leave of the Court, the person must file at the Court -

(a) a written statement of the general nature of the application for the order and the reasons for making it;

(b) an estimate, to the extent that the person is aware, of the size and character of the estate of the person in respect of whom the application is proposed to be made ("the proposed testator");

(c) an initial draft of the proposed will, alteration or revocation to be authorised by the order;

(d) evidence, to the extent that it is available, relating to the wishes of the proposed testator;

(e) evidence of the likelihood of the proposed testator acquiring or regaining capacity to make a will at any future time;

(f) a will or a copy of a will of the proposed testator that is in the person's possession or any details known to the person of a will of the proposed testator;

(g) evidence of the interests, to the extent that they are known to the person or can be discovered with reasonable diligence, of a person who would be entitled to receive a part of the estate of the proposed testator if he or she were to die intestate;

(h) evidence of any facts, to the extent that they are known to the person or can be discovered with reasonable diligence, indicating the likelihood of an application relating to the proposed testator being made under the Family Provision Act ;

(j) evidence of the circumstances, to the extent that they are known to the person or can be discovered with reasonable diligence, of a person for whom the proposed testator might reasonably be expected to make provision under a will;

(k) a reference to any gift for a body, whether charitable or otherwise, or for a charitable purpose that the proposed testator might reasonably be expected to give or make by will; and

(m) any other facts that the applicant considers to be relevant to the application,

as the Court requires.



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