POWERS OF ATTORNEY ACT 1998 - SECT 61D
Application to court to confirm or vary operation of s 61B
POWERS OF ATTORNEY ACT 1998 - SECT 61D
Application to court to confirm or vary operation of s 61B
61D Application to court to confirm or vary operation of s 61B
(1) An application may be made to the court for—
(a) an order, including an
order to direct a conveyance, deed or other thing to be executed or done, to
give effect to section 61B; or
(b) an order to ensure a beneficiary under
the principal’s will does not gain an unjust and disproportionate advantage
or suffer an unjust and disproportionate disadvantage of a kind not
contemplated by the will because of the operation of section 61B.
(a) has effect as if it had been
made as a codicil to the principal’s will executed immediately before the
principal’s death; and
(b) applies despite any contrary operation of
section 61B.
(4) An application under this section must be made to the court
within 6 months after the principal’s death.
(5) The court may extend the
application time.
(6) The Succession Act 1981, section 44(1) to (4) applies
to an application and an order made on it as if the application were an
application under part 4 of that Act by a person entitled to make an
application.
(7) Despite section 109A, a reference in this section to the
court does not include a reference to the tribunal.