14Declaration by Court as to non-application of section 12

### 14 Declaration by Court as to non-application of section 12 > > (1)  Where the Court is satisfied that the entitlement of the applicant under the will was known to and approved by the testator and was not included in the will as the result of fraud, duress or the exercise of undue influence by any person, the Court may, by order, declare that [section 12](#GS12@EN) does not apply in relation to the applicant in respect of the will in respect of which the application was made. > > > (2)  On a copy of an order under [subsection (1)](#GS14@Gs1@EN) being served on the personal representative of the testator, the will of the testator has effect as if [section 12](#GS12@EN) does not apply in relation to the applicant in respect of the will of the testator. > > > (3)  In an application under [section 13](#GS13@EN) , the applicant is not entitled to rely on any evidentiary presumption to prove or assist in proving that the testator knew and approved the contents of the will.