Western Australian Current Regulations Western Australian Current Regulations (1) Where it appears
that Part X of the Wills Act 1970 may apply to any document of a
testamentary nature the applicant, in addition to any other requirements
relating to an application for a grant, shall by affidavit, accompanied by
such document or documents, set forth —
(a) the
gross value of the estate wherever situated;
(b) all
material facts relating to the circumstances in which the document is said to
have come into existence, or to have been altered, revoked or revived and of
the intention of the deceased relating thereto; and
(c) the
full names, ages and addresses of all persons who may be prejudiced
by —
(i)
the application of that Part where the applicant seeks to
apply that Part; or
(ii)
the non‑application of that Part where the
applicant seeks not to apply that Part,
and, for each such
person, the reason why it is said that the person may be prejudiced.
(2) The applicant
shall exhibit to an affidavit the consents of all persons who may be
prejudiced as mentioned in subrule (1)(c) but the Registrar may, on such terms
and subject to such conditions as the Registrar thinks fit, dispense with the
consent of a person who may be so prejudiced if he is satisfied
that —
(a) the
person —
(i)
is not of full age or is incapable of consenting by
reason of mental illness, defect or infirmity; or
(ii)
cannot be found;
or
(b) it
is otherwise just or expedient to do so.
[Rule 20A inserted: Gazette
19 January 1990 p. 204 (Erratum: Gazette 26 January 1990
p. 657); amended: Gazette 5 March 1996 p. 830.]