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WILLS ACT 1936 - SECT 6

WILLS ACT 1936 - SECT 6

6—Will of minor pursuant to leave of Court

        (1)         The Court may, on application by a minor, make an order authorising the minor to make or alter a will in specific terms approved by the Court, or to revoke a will.

        (2)         An authorisation under this section may be granted on such conditions as the Court thinks fit.

        (3)         Before making an order under this section, the Court must be satisfied that—

            (a)         the minor understands the nature and effect of the proposed will, alteration or revocation; and

            (b)         the proposed will, alteration or revocation accurately reflects the intentions of the minor; and

            (c)         it is reasonable in all the circumstances that the order should be made.

        (4)         A will or instrument altering or revoking a will made pursuant to an order under this section—

            (a)         must be executed as required by law and one of the attesting witnesses must be the Registrar or the Public Trustee; and

            (b)         must be deposited for safe custody with the Registrar under section 13 of the Administration and Probate Act 1919 .

        (5)         The will may not be withdrawn from deposit with the Registrar by the minor unless the Court has made an order authorising the minor to revoke the will or the minor has attained the age of 18 years or is married.