South Australian Consolidated Acts South Australian Consolidated Acts29—Restriction of testamentary capacity of protected person
(1) The court may
direct in any case that any testamentary provision by a protected person after
the making of a protection order shall be made only after such precautions as
the court thinks fit to direct, and any testamentary provision made otherwise
than as the court shall so direct shall be ineffectual for all purposes.
(1a) The court may
make such a direction at any time or from time to time and it may be made on
the application of the manager.
(2) The court may, by
such means as it thinks fit, cause inquiries to be made as to the existence of
any will or codicil made and executed by the protected person prior to the
making of the protection order (whether the will or codicil was made before or
after the passing of this Act), and may direct that any such will or codicil
shall be deposited with the Registrar of Probates. If it appears to the court
that the will or codicil was made when the person making the same was subject
to any of the incapacities defined in section 7 of this Act, the court
may inspect the will or codicil, and may cause inquiries to be made, in such
manner as to the court seems fit, whether the will or codicil expresses the
present desire and intention of the protected person, and, if satisfied to the
contrary, may in any case where such course is possible, cause the present
desire and intention of the protected person to be ascertained to its
satisfaction, and may authorise the execution by the protected person of a new
will disposing of his estate in accordance with such present desire and
intention.
(3) Except as provided
in this section, nothing in this Part shall affect the law relating to
testamentary dispositions.