Northern Territory Consolidated Acts

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WILLS ACT - SECT 25

Retention of will or instrument

25. Retention of will or instrument

(1) A will or instrument altering or revoking a will pursuant to an order under this Division must be retained by a prescribed person and, on being retained by a prescribed person, is to be taken to have been deposited with the prescribed person in accordance with Part 6.

(2) Despite section 51, a will referred to in subsection (1) may not be withdrawn from deposit with the prescribed person by or on behalf of the person on whose behalf it was made unless -

(a) the Court makes an order under this Division authorising the revocation of the will; or

(b) the person acquires or regains testamentary capacity.

(3) On being presented a copy of an order referred to in subsection (2)(a), the prescribed person must comply with the order.



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