32Application for a statutory will

### 32 Application for a statutory will > > (1)  [*\[Section 32 Subsection (1) amended by No. 18 of 2021, s. 360, Applied:05 Nov 2021\]*](/view/html/inforce/2021-11-05/act-2021-018#GS360@Hpb@EN) [*\[Section 32 Subsection (1) amended by No. 18 of 2021, s. 360, Applied:05 Nov 2021\]*](/view/html/inforce/2021-11-05/act-2021-018#GS360@Hpa@EN) In applying to the Tribunal for a statutory will under this Division, the applicant must, subject to the Tribunal’s discretion, provide to the Tribunal – > > > > > > (a) a written statement of the general nature of the application and the reasons for making it, including the grounds on which it is alleged that the person for whom the will is proposed to be made lacks testamentary capacity; and > > > > > > > (b) an estimate, so far as the applicant is aware of it, of the size and character of the estate of the proposed testator; and > > > > > > > (c) a proposal nominating the persons who should benefit under the proposed will and the extent to which each person nominated should share in the estate; and > > > > > > > (d) any evidence, so far as it is available, relating to the wishes of the proposed testator; and > > > > > > > (e) evidence of the likelihood of the proposed testator acquiring or regaining capacity to make a will at any future time; and > > > > > > > (f) a statutory declaration stating that it is the applicant's belief that the proposed testator has not made a will or any purported will and setting out the reasons for that belief; and > > > > > > > (g) 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 > > > > > > > (h) any evidence of any facts indicating the likelihood, so far as they are known to the applicant, or can be discovered with reasonable diligence, of an application being made under the [Testator's Family Maintenance Act 1912](/view/html/inforce/2026-04-12/act-1912-007) ; and > > > > > > > (i) 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 > > > > > > > (j) 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 > > > > > > > (k) any other facts that the applicant considers to be relevant to the application. > > > (2)  [*\[Section 32 Subsection (2) amended by No. 18 of 2021, s. 360, Applied:05 Nov 2021\]*](/view/html/inforce/2021-11-05/act-2021-018#GS360@Hpc@EN) An application under [subsection (1)](#GS32@Gs1@EN) is to be lodged with the Registrar, within the meaning of the [Tasmanian Civil and Administrative Tribunal Act 2020](/view/html/inforce/2026-04-12/act-2020-024) .