Queensland Consolidated Acts

SUCCESSION ACT 1981 - SECT 21

21 Court may authorise a will to be made, altered or revoked for person without testamentary capacity

(1) The court may, on application, make an order authorising—

(a) a will to be made or altered, in the terms stated by the court, on behalf of a person without testamentary capacity; or

(b) a will or part of a will to be revoked on behalf of a person without testamentary capacity.

(2) The court may make the order only if—

(a) the person to whom the order relates (the
"relevant person" ) lacks testamentary capacity and is alive when the order is made; and

(b) the court is satisfied—

(i) the applicant is the appropriate person to make the application; and

(ii) adequate steps have been taken to allow representation of other persons with a proper interest in the application, including persons who have reason to expect a gift or benefit from the estate of the relevant person; and

(iii) the proposed will, alteration or revocation is or may be a will, alteration or revocation the relevant person would make if the person had testamentary capacity; and

(c) the court approves the proposed will, alteration or revocation.

(3) For the order, the court may make or give any necessary related orders or directions.

(4) The court may make the order on the conditions the court considers appropriate.

(5) The court may order that costs in relation to the application be paid out of the relevant person’s assets.

(6) To remove any doubt, it is declared that an order under this section does not make, alter or revoke a will or dispose of any property.

(7) In this section—

"person without testamentary capacity" includes a minor.