18Court may authorise a will to be made, altered or revoked for a person without testamentary capacity

#### 18 Court may authorise a will to be made, altered or revoked for a person without testamentary capacity 18 Court may authorise a will to be made, altered or revoked for a person without testamentary capacity > > (1) The Court may, on application by any person, make an order authorising— > > > > > (a) a will to be made or altered, in specific terms approved by the Court, on behalf of a person who lacks testamentary capacity, or > > > > > (b) a will or part of a will to be revoked on behalf of a person who lacks testamentary capacity. > > > > Note— > > > > A person may only make an application for an order if the person has obtained the leave of the Court—see section 19. > > > (2) An order under this section may authorise— > > > > > (a) the making or alteration of a will that deals with the whole or part of the property of the person who lacks testamentary capacity, or > > > > > (b) the alteration of part only of the will of the person. > > > (3) The Court is not to make an order under this section unless the person in respect of whom the application is made is alive when the order is made. > > > (4) The Court may make an order under this section on behalf of a person who is a minor and who lacks testamentary capacity. > > > (5) In making an order, the Court may give any necessary related orders or directions. > > > > Note— > > > > The power of the Court to make orders includes a power to make orders on such terms and conditions as the Court thinks fit—see section 86 of the [Civil Procedure Act 2005](/view/html/inforce/current/act-2005-028). The Court also has extensive powers to make directions under sections 61 and 62 of that Act. > > > (6) A will that is authorised to be made or altered by an order under this section must be deposited with the Registrar under Part 2.5. > > > (7) A failure to comply with subsection (6) does not affect the validity of the will.