ACTIn ForceAct
Wills Act 1968
8BSupreme Court enabling revocation of will by child
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8B Supreme Court enabling revocation of will by child
(1) A child who has made a valid will and has not at any time been
married or in a civil union may apply to the Supreme Court for an
order declaring that the child is entitled to revoke the will, or a part of
the will, by an instrument in the terms of a proposed instrument
attached to the application.
(2) On an application made by a child under subsection (1), the Supreme
Court may, if it is satisfied that—
(a) the child understands the nature and effect of the proposed
instrument; and
(b) the proposed instrument accurately reflects the intentions of the
child; and
(c) it is reasonable in all the circumstances that the child should be
able to revoke the will, or the part of the will, by the proposed
instrument;
make an order declaring that the child is entitled to revoke the will,
or the part of the will, by executing an instrument in the specific terms
of the proposed instrument attached to the application.