South Australian Consolidated Acts South Australian Consolidated Acts33—Application for order to perpetuate testimony
(1) Upon the
application of any person (other than a protected person) who has made and
executed any will or codicil, the court may order that any testimony which may
be material in relation thereto be perpetuated and for that purpose may make
any order requiring the applicant or any other person to attend for
examination upon oath before the court at any time and place. The court may
give any directions as to the manner in which the examination is to be
conducted, the evidence to be adduced therein, the parties who may attend on
the examination and as to any other matters thought fit by the court.
(2) Every such
application shall be made by originating summons and may be made without
notice to any other person.
(3) The court may
direct that notice of the application or of any order made on such application
be given to any person who may be interested in the disposition of the
applicant's estate.
(4) The testimony to
be taken upon any such examination shall, subject to the direction of the
court, be relevant to the following matters, namely:
1. The due execution
of any will or codicil made by the applicant:
2. The testamentary
capacity of the applicant:
3. Whether the
applicant was subject to or liable to be subjected to undue influence in
respect of his estate or the disposition thereof or any part thereof:
4. Any other matter
which would be relevant on any application or in any action relating to the
grant or recall of probate or administration of the will or codicil:
5. Any matter which
would be relevant in an application under the Testator's Family Maintenance
Act 1918 .