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1992 No. 79 RULES OF THE SUPREME COURT OF THE AUSTRALIAN CAPITAL TERRITORY (AMENDMENT) - RULE 5

5. Order 72, rule 6 (Application for probate)
  5.1   Paragraphs 6 (1) (b) and (c):

Omit the paragraphs, substitute:

"(b) that the testator has died and the date of death;

   (c)  whether the testator was married at the date of death;

   (ca) if the applicant relies on section 20a of the Wills Act 1968 of the
        Australian Capital Territory ( Effect of termination of marriage )-the
        facts on which the reliance is based;".
  5.2   Paragraph 6 (1) (f):

Omit the paragraph, substitute:

"(f) that:

        (i)    the testator was 18 years of age or more at the time the will
               was made; or

        (ii)   the testator made the will validly under section 8 of the
               Wills Act 1968 of the Australian Capital Territory
               ('Minors-Testamentary capacity );".
  5.3   Subrule 6 (1):

After paragraph 6 (1) (h), insert:

"(ha) if:

        (i)    the testator died after the commencement of the Wills
               (Amendment) Act 1991 of the Australian Capital Territory; and

        (ii)   the applicant is unaware of the existence of any document, or
               part of a document, (other than the will the subject of the
               application) purporting to embody testamentary intentions of
               the testator;
a statement to the effect that the applicant is not aware of the existence of
such a document or part of a document;". 


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