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]

(1)  An application for leave under section 23 of the Wills Act 2008 –

(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) , section 23(2)(j) and section 23(2)(k) of the Wills Act 2008 ; and

(c) is to be served personally on each of the persons described in section 23(2)(h) , section 23(2)(j) and section 23(2)(k) of the Wills Act 2008 , 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 –