88Power to open wills

88 Power to open wills

(1)  [Section 88 Subsection (1) amended by No. 18 of 2021, s. 167, Applied:05 Nov 2021] The Tribunal, The Public Trustee or a trustee company, within the meaning of the Trustee Companies Act 1953 , may, before or after the death of a represented person, open and read any paper or writing which purports to be, or is alleged to be, the will of the represented person.

(2)  [Section 88 Subsection (2) amended by No. 21 of 2023, s. 62, Applied:01 Sep 2024] [Section 88 Subsection (2) amended by No. 18 of 2021, s. 167, Applied:05 Nov 2021] A guardian or an administrator other than The Public Trustee or a trustee company may, with the approval of the Tribunal, open and read any paper or writing which purports to be the will of a represented person, but must not disclose its contents to any other person without the further approval of the Tribunal.

(3)  [Section 88 Subsection (3) amended by No. 18 of 2021, s. 167, Applied:05 Nov 2021] [Section 88 Subsection (3) amended by No. 18 of 2021, s. 167, Applied:05 Nov 2021] [Section 88 Subsection (3) inserted by No. 4 of 2000, s. 17, Applied:28 Apr 2000] The Tribunal may, for the purposes of a hearing in relation to Guardianship stream proceedings, open and read any paper or writing which purports to be, or is alleged to be, the will of a person in respect of whom an application for a guardianship order or an administration order has been made.

(4)  [Section 88 Subsection (4) inserted by No. 21 of 2023, s. 63, Applied:01 Sep 2024] For the purposes of subsections (1) and (3) , the Tribunal has a right to obtain a copy of a will, from a person who has possession of the will of a represented person or a person in respect of whom an application for a guardianship order or an administration order has been made.

(5)  A person who has custody or control of a will, to which the Tribunal has a right under , must, at the request of the Tribunal, provide to the Tribunal a copy, of the will, that is certified by the person.