WILLS ACT 1970 - SECT 41
WILLS ACT 1970 - SECT 41
41 . Content of application under section 40
(1) In an application
under section 40, the applicant must furnish the following to the Court,
except to the extent that the Court otherwise allows —
(a) a
written statement of the nature of the application and the reasons for it;
(b) an
estimate of the nature and value of the assets of the person concerned and of
the nature and amount of the person’s liabilities, so far as that
information is known to the applicant;
(c) a
suggested draft of the proposed will or alteration or of the instrument of
revocation;
(d) any
evidence available to the applicant as to the wishes of the person concerned;
(e)
evidence as to the likelihood of the person concerned having testamentary
capacity at a later time;
(f) any
will, or a copy of any will, of the person concerned in the possession of the
applicant, or details known to the applicant of the contents of any will of
the person concerned, and evidence that the applicant has made reasonable
enquiry to locate such wills, or details of the contents of such wills, as may
have been made by the person concerned;
(g)
evidence that the applicant has made reasonable enquiry concerning the
interests of any person who would be entitled to receive any part of the
estate of the person concerned either under a previous will or if the person
were to die intestate, and any evidence of those interests so far as they are
known to the applicant;
(h)
evidence that the applicant has made reasonable enquiry concerning the
likelihood of an application being made under the Family Provision Act 1972 ,
and evidence of any facts known to the applicant indicating such a likelihood;
(i)
evidence that the applicant has made reasonable enquiry
concerning the circumstances of any person for whom the person concerned might
reasonably be expected to make provision under a will, and any evidence of
those circumstances so far as they are known to the applicant;
(j) a
reference to any gift to a body, whether charitable or not, or for a
charitable purpose, that the person concerned might reasonably be expected to
make by will;
(k)
evidence of any other facts that the applicant considers to be relevant to the
application.
(2) In subsection (1)
—
previous will , in paragraph (g), means a will
made before a will furnished to the Court, or details of which are furnished
to the Court, in accordance with paragraph (f);
will , in paragraphs (f) and (g), includes a
document that is a will by operation of Part X.
[Section 41 inserted: No. 27 of 2007 s. 24;
amended: No. 48 of 2011 s. 17.]