Wills made with Court Authorisation - Retention of wills

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Queensland: The court may, on application, make an order authorising--(a) a will to be made or altered, in the terms stated by the court, on behalf of a person without testamentary capacity; or(b) a will or part of a will to be revoked on behalf of a person without testamentary capacity. Court may make such orders in respect of a minor also. http://www.austlii.edu.au/au/legis/qld/consol_act/sa1981138/s21.html


New South Wales: The court may, on application, make an order authorising--(a) a will to be made or altered, in the terms stated by the court, on behalf of a person without testamentary capacity; or(b) a will or part of a will to be revoked on behalf of a person without testamentary capacity. Court may make such orders in respect of a minor also. http://www.austlii.edu.au/au/legis/nsw/consol_act/sa2006138/s18.html


Northern Territory: The court may, on application, make an order authorising--(a) a will to be made or altered, in the terms stated by the court, on behalf of a person without testamentary capacity; or(b) a will or part of a will to be revoked on behalf of a person without testamentary capacity. Court may make such orders in respect of a minor also. http://www.austlii.edu.au/au/legis/nt/consol_act/wa91/s19.html


South Australia: The Court may, on application by any person made with the permission of the Court, make an order authorising the making or alteration of a will in specific terms approved by the Court, or the revocation of a will, on behalf of a person who lacks testamentary capacity. Court may make such orders in respect of a minor also. http://www.austlii.edu.au/au/legis/sa/consol_act/wa193691/s7.html


Tasmania: The Court may, on application by any person make an order authorising the making or alteration of a will in specific terms approved by the Court, or the revocation of the whole or any part of a will, on behalf of a person who lacks testamentary capacity. The Court may make an order under this Division in respect of a minor who lacks testamentary capacity by reason of disability or injury. http://www.austlii.edu.au/au/legis/tas/consol_act/wa200891/s22.html


Victoria The Court may make an order authorising a will to be made in specific terms approved by the Court or revoked on behalf of a person who does not have testamentary capacity. Court may make such orders in respect of a minor also. http://www.austlii.edu.au/au/legis/vic/consol_act/wa199791/s21.html