ACTIn ForceAct
Wills Act 1968
16ECourt must be satisfied about certain matters
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16E Court must be satisfied about certain matters
The Supreme Court must refuse leave to make an application for an
order under section 16A (Court may authorise will to be made, altered
or revoked for person without testamentary capacity) unless the court
is satisfied that—
(a) there is reason to believe that the person for whom the order is
sought is, or is reasonably likely to be, incapable of making a
will; and
(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
(c) it is or may be appropriate for the order to be made; and
(d) the applicant for leave is an appropriate person to make the
application; and
(e) adequate steps have been taken to allow representation of all
people with a legitimate interest in the application, including any
person who has reason to expect a gift or benefit from the estate
of the person for whom the order is sought.