South Australian Numbered Acts

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SUCCESSION ACT 2023 (NO 30 OF 2023) - SECT 6

6—Will of minor authorised by Court

        (1)         The Court may make an order authorising a minor

            (a)         to make a will in specific terms approved by the Court; or

            (b)         to alter a will in specific terms approved by the Court; or

            (c)         to revoke a will.

        (2)         An order under this section may be made on application by a minor or by a person acting on behalf of a minor.

        (3)         The Court may impose such conditions on an authorisation under this section as the Court thinks fit.

        (4)         Before making an order under this section, the Court must be satisfied that—

            (a)         the minor understands the nature and effect of the proposed will or alteration or revocation of the will; and

            (b)         the proposed will or alteration or revocation of the will accurately reflects the intentions of the minor; and

            (c)         it is reasonable in all the circumstances that the order should be made.

        (5)         A will, or instrument altering or revoking a will, made pursuant to an order under this section—

            (a)         must be executed as required by law and 1 of the attesting witnesses must be the Registrar or the Public Trustee; and

            (b)         must be deposited for safe custody with the Registrar under Division 6

.

        (6)         A will made pursuant to an order under this section may not be withdrawn from deposit with the Registrar by the minor unless—

            (a)         the Court has made an order authorising the minor to revoke the will; or

            (b)         the minor has reached the age of 18 years or is married.



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