NSWIn ForceAct
Succession Act 2006
22Court must be satisfied about certain matters
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#### 22 Court must be satisfied about certain matters
22 Court must be satisfied about certain matters
> The Court must refuse leave to make an application for an order under section 18 unless the Court is satisfied that—
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> > (a) there is reason to believe that the person in relation to whom the order is sought is, or is reasonably likely to be, incapable of making a will, and
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> > (b) the proposed will, alteration or revocation is, or is reasonably likely to be, one that would have been made by the person if he or she had testamentary capacity, and
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> > (c) it is or may be appropriate for the order to be made, and
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> > (d) the applicant for leave is an appropriate person to make the application, and
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> > (e) adequate steps have been taken to allow representation, as the Court considers appropriate, of persons with a legitimate interest in the application, including persons who have reason to expect a gift or benefit from the estate of the person in relation to whom the order is sought.
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> **s 22:** Am 2018 No 29, Sch 1.20 \[1\].