23Leave of Court required to make application

### 23 Leave of Court required to make application > > (1)  The leave of the Court must be obtained before an application for an order under this Division is made. > > > (2)  In applying for leave to make an application for an order under this Division, the applicant for leave must, subject to the Court's discretion, furnish to the Court – > > > > > > (a) a written statement of the general nature of the application and the reasons for making it; and > > > > > > > (b) satisfactory evidence of the lack of testamentary capacity of the proposed testator; and > > > > > > > (c) an estimate, so far as the applicant is aware of it, of the size and character of the estate of the proposed testator; and > > > > > > > (d) an initial draft of the proposed will, alteration or revocation for which the applicant is seeking the Court's approval; and > > > > > > > (e) any evidence, so far as it is available, relating to the wishes of the proposed testator; and > > > > > > > (f) evidence of the likelihood of the proposed testator acquiring or regaining capacity to make a will at any future time; and > > > > > > > (g) any will, or any copy of any will, in the possession of the applicant, or details known to the applicant of any will, of the proposed testator; and > > > > > > > (h) any evidence of the interests, so far as they are known to the applicant, or can be discovered with reasonable diligence, of any person who would be entitled to receive any part of the estate of the proposed testator if the proposed testator were to die intestate; and > > > > > > > (i) any evidence of any facts so far as they are known to the applicant, or can be discovered with reasonable diligence, indicating the likelihood of an application being made under the [Testator's Family Maintenance Act 1912](/view/html/inforce/2026-04-12/act-1912-007) ; and > > > > > > > (j) any evidence of the circumstances, so far as they are known to the applicant, or can be discovered with reasonable diligence, of any person for whom the proposed testator might reasonably be expected to make provision under a will; and > > > > > > > (k) a reference to any disposition for a body, whether charitable or not, or for a charitable purpose that the proposed testator might reasonably be expected to give or make by will; and > > > > > > > (l) any other facts that the applicant considers to be relevant to the application.