Australian Capital Territory Current Regulations

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COURT PROCEDURES RULES 2006 - REG 3031

Grant of representation—will by blind or illiterate person

    (1)     This rule applies if a person applies for grant of probate or administration of a will that—

        (a)     has been made by a blind or apparently illiterate testator; or

        (b)     appears to have been signed by someone else on behalf of the testator; or

        (c)     was made under circumstances that raise doubt about whether the testator knew or approved of the will's contents.

    (2)     The applicant must file an affidavit giving evidence that, when the testator signed the will, the testator knew and approved of its contents.

    (3)     If an affidavit mentioned in subrule (2) is made by a witness who attested the will or by someone else present when the will was made, the affidavit must state how the will was made.

    (4)     However, unless the court otherwise orders on application by an interested person or on its own initiative, it is not necessary to obtain evidence of the making of a blind or apparently illiterate testator's will if—

        (a)     the will specifically states the testator is blind or apparently illiterate; and

        (b)     the attestation of the witnesses who signed the will acknowledges that the testator knew and approved of the contents of the will.

Note     Pt 6.2 (Applications in proceedings) applies to an application for an order otherwise ordering.



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