New South Wales Consolidated Acts

SUCCESSION ACT 2006 - SECT 16

16 Court may authorise minor to make, alter or revoke a will

(cf WPA 6A)

(1) The Court may make an order authorising a minor--

(a) to make or alter a will in the specific terms approved by the Court, or

(b) to revoke a will or part of a will.

(2) An order under this section may be made on the application of a minor or by a person on behalf of the minor.

(3) The Court may impose such conditions on the authorisation as the Court thinks fit.

(4) Before making an order under this section, the Court must be satisfied that--

(a) the minor understands the nature and effect of the proposed will or alteration or revocation of the will or part of the will and the extent of the property disposed of by it, and

(b) the proposed will or alteration or revocation of the will or part of the will accurately reflects the intentions of the minor, and

(c) it is reasonable in all the circumstances that the order should be made.

(5) A will is not validly made, altered or revoked, in whole or in part, as authorised by an order under this section unless--

(a) in the case of the making or alteration of a will (in whole or in part)--the will or alteration is executed in accordance with the requirements of Part 2.1, and

(b) in the case of a revocation of a will (in whole or in part)--

(i) if made by a will--the will is executed in accordance with the requirements of Part 2.1, and

(ii) if made by other means--is made in accordance with the requirements of the order, and

(c) in addition to the requirements of Part 2.1, one of the witnesses to the making or alteration of the will under this section is the Registrar, and

(d) the conditions of the authorisation (if any) are complied with.

(6) A will that is authorised to be made, altered or revoked in part by an order under this section must be deposited with the Registrar under Part 2.5.

(7) A failure to comply with subsection (6) does not affect the validity of the will.