Section 18 — Succession Act 2006 (NSW)

(1) The Court may, on application by any person, make an order authorising—
(a) a will to be made or altered, in specific terms approved by the Court, on behalf of a person who lacks testamentary capacity, or
(b) a will or part of a will to be revoked on behalf of a person who lacks testamentary capacity.
(2) An order under this section may authorise—
(a) the making or alteration of a will that deals with the whole or part of the property of the person who lacks testamentary capacity, or
(b) the alteration of part only of the will of the person.
(3) The Court is not to make an order under this section unless the person in respect of whom the application is made is alive when the order is made.
(4) The Court may make an order under this section on behalf of a person who is a minor and who lacks testamentary capacity.
(5) In making an order, the Court may give any necessary related orders or directions.
(6) A will that is authorised to be made or altered 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.

Related sections

• s 15 — How a revoked will may be revived
• s 16 — Court may authorise minor to make, alter or revoke a will
• s 17 — Will made by minor under an order of a foreign court
• s 19 — Information required in support of application for leave
• s 20 — Hearing of application for leave
• s 21 — Hearing an application for an order

Research how courts apply s 18

BriefBridge searches NSW and High Court caselaw by meaning — every answer cited to the paragraph.