803Application for leave to apply for certain orders

### 803 Application for leave to apply for certain orders > [*\[Rule 803 Substituted by S.R. 2009, No. 75, Applied:08 Jul 2009\]*](/view/html/inforce/2009-07-08/sr-2009-075#GS7@EN) > > > (1)  An application for leave under [section 23 of the](/view/html/inforce/2026-04-12/act-2008-058#GS23@EN) [Wills Act 2008](/view/html/inforce/2026-04-12/act-2008-058) – > > > > > > (a) may be made without the intervention of a litigation guardian; and > > > > > > > (b) is to be supported by an affidavit of the applicant containing the following: > > > > > > > > > > (i) the full name, address, occupation and date of birth of the applicant; > > > > > > > > > > > (ii) the full name, address, occupation and date of birth of the person on whose behalf the application is made; > > > > > > > > > > > (iii) the full name, address, occupation and date of birth and relationship to the proposed testator of any of the persons described in [section 23(2)(h)](/view/html/inforce/2026-04-12/act-2008-058#GS23@Gs2@Hph@EN) , [section 23(2)(j)](/view/html/inforce/2026-04-12/act-2008-058#GS23@Gs2@Hpj@EN) and [section 23(2)(k)](/view/html/inforce/2026-04-12/act-2008-058#GS23@Gs2@Hpk@EN) of the [Wills Act 2008](/view/html/inforce/2026-04-12/act-2008-058) ; and > > > > > > > (c) is to be served personally on each of the persons described in [section 23(2)(h)](/view/html/inforce/2026-04-12/act-2008-058#GS23@Gs2@Hph@EN) , [section 23(2)(j)](/view/html/inforce/2026-04-12/act-2008-058#GS23@Gs2@Hpj@EN) and [section 23(2)(k)](/view/html/inforce/2026-04-12/act-2008-058#GS23@Gs2@Hpk@EN) of the [Wills Act 2008](/view/html/inforce/2026-04-12/act-2008-058) , unless the Court or a judge otherwise orders. > > > (2)  If the Court or a judge is of the opinion that a person who appears to have an interest in proceedings ought to be given notice of those proceedings, the Court or the judge may – > > > > > > (a) direct that the person be served with the application; and > > > > > > > (b) give directions as to the future conduct of the proceedings. > > > (3)  A person who wishes to object to the application for leave – > > > > > > (a) is to file and serve, no later than 28 days after the service of the application, an affidavit setting out the basis of any objection and the facts and circumstances on which it is based; and > > > > > > > (b) is not required to enter an appearance. > > > (4)  If revocation of a will or part of a will is sought, the original will is to be produced to the Court, or its absence explained by affidavit, at the hearing of the application for leave.