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WILLS ACT 1997 - SECT 21A

Information which the Court may require in support of an application under section 21

In proceedings for the hearing of an application for an order under section 21, the applicant, if required by the Court, must give the following—

        (a)     a written statement of the general nature of the application and the reasons for making it;

        (b)     a reasonable estimate, formed from any evidence available to the applicant, of the size and character of the estate of the person on whose behalf the will is to be made;

        (c)     a draft of the proposed will for which the applicant is seeking the Court's approval;

        (d)     any evidence available to the applicant of the wishes of the person;

        (e)     any evidence available to the applicant of the ability of the person to participate in the proceedings and express the person's wishes;

        (f)     any evidence available to the applicant of the likelihood of the person acquiring or regaining testamentary capacity;

        (g)     any evidence available to the applicant of the terms of any will previously made by the person;

        (h)     any evidence available to the applicant of the likelihood of an application for a family provision order being made under Part IV of the Administration and Probate Act 1958 in respect of the property of the person;

              (i)     any evidence available to the applicant of the circumstances of any person for whom provision might reasonably be expected to be made under the will;

        (j)     any evidence available to the applicant of any persons who might be entitled to claim on intestacy;

        (k)     any evidence available to the applicant of any gift for a charitable or other purpose that the person might reasonably be expected to give or make by will;

        (l)     any other evidence available to the applicant and which is relevant to the application.

S. 21B inserted by No. 80/2014 s. 28.



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