QLDIn ForceAct
Succession Act 1981
sec.23Information required by court in support of application for order under s 21
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### sec.23 Information required by court in support of application for order under s 21
An application for the making of an order under section 21 in relation to a person must be accompanied by the following information—
the reasons for making the application;
evidence of the lack of testamentary capacity of the person;
any evidence available to the applicant of the likelihood of the person acquiring or regaining testamentary capacity;
an estimate, formed from the evidence available to the applicant, of the size and character of the person’s estate;
a draft of the proposed will, alteration or revocation in relation to which the order is sought;
any evidence available to the applicant of the person’s wishes;
any evidence available to the applicant of the terms of any will previously made by the person;
any evidence available to the applicant of the likelihood of an application being made under section 41 in relation to the person;
any evidence available to the applicant of a gift for a charitable or other purpose that the person might reasonably be expected to give by will;
any evidence available to the applicant of the circumstances of a person for whom provision might reasonably be expected to be made by a will by the person in relation to whom the order is sought;
any evidence available to the applicant of any persons who might be entitled to claim on intestacy;
any other facts of which the applicant is aware that are relevant to the application.
s 23 sub 2006 No. 1 s 6
amd 2020 No. 15 s 204
- (a) the reasons for making the application;
- (b) evidence of the lack of testamentary capacity of the person;
- (c) any evidence available to the applicant of the likelihood of the person acquiring or regaining testamentary capacity;
- (d) an estimate, formed from the evidence available to the applicant, of the size and character of the person’s estate;
- (e) a draft of the proposed will, alteration or revocation in relation to which the order is sought;
- (f) any evidence available to the applicant of the person’s wishes;
- (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 being made under section 41 in relation to the person;
- (i) any evidence available to the applicant of a gift for a charitable or other purpose that the person might reasonably be expected to give by will;
- (j) any evidence available to the applicant of the circumstances of a person for whom provision might reasonably be expected to be made by a will by the person in relation to whom the order is sought;
- (k) any evidence available to the applicant of any persons who might be entitled to claim on intestacy;
- (l) any other facts of which the applicant is aware that are relevant to the application.