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Wills Act 1968
16BInformation required in support of application for leave
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16B Information required in support of application for leave
(1) A person may apply for an order under section 16A only with the
Supreme Court’s leave.
(2) On an application for leave a person must, unless the Supreme Court
otherwise directs, give the court the following information:
(a) a written statement of the general nature of the application and
the reasons for making it;
(b) satisfactory evidence that the person for whom the order is
sought does not have testamentary capacity;
(c) a reasonable estimate, formed from the evidence available to the
applicant, of the size and character of the estate of the person for
whom the order is sought;
(d) a draft of the proposed will, alteration or revocation for which
the applicant is seeking the court’s approval;
(e) any evidence available to the applicant of the wishes of the
person for whom the order is sought;
(f) any evidence available to the applicant of the likelihood of the
person for whom the order is sought acquiring or regaining
testamentary capacity;
(g) any evidence available to the applicant of the terms of any will
previously made by the person for whom the order is sought;
(h) any evidence available to the applicant, or that can be discovered
with reasonable diligence, of any people who might be entitled
to claim on the intestacy of the person for whom the order is
sought;
(i) any evidence available to the applicant of the likelihood of an
application being made under the Family Provision Act 1969 in
relation to the property of the person for whom the order is
sought;
Court authorised wills for people without testamentary capacity Part 3A
Section 16C
R22
23/02/26
Wills Act 1968
Effective: 23/02/26
page 23
Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au
(j) any evidence available to the applicant, or that can be discovered
with reasonable diligence, of the circumstances of any person
for whom provision might reasonably be expected to be made
by will by the person for whom the order is sought;
(k) any evidence available to the applicant of a gift for a charitable
or other purpose that the person for whom the order is sought
might reasonably be expected to make by will;
(l) any other facts of which the applicant is aware that are relevant
to the application.