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WILLS ACT 1997 - SECT 21B Matters of which the Court must be satisfied before making an order under section 21

WILLS ACT 1997 - SECT 21B

Matters of which the Court must be satisfied before making an order under section 21

Before making an order under section 21, the Court must be satisfied that—

        (a)     the person on whose behalf the will is to be made or revoked does not have testamentary capacity; and

        (b)     the proposed will or revocation reflects what the intentions of the person would be likely to be, or what the intentions of the person might reasonably be expected to be, if the person had testamentary capacity; and

        (c)     it is reasonable in all the circumstances for the Court, by order, to authorise the making of the will for the person.

S. 21C inserted by No. 80/2014 s. 28.