Section 22 — Succession Act 2006 (NSW)

The Court must refuse leave to make an application for an order under section 18 unless the Court is satisfied that—
(a) there is reason to believe that the person in relation to whom the order is sought is, or is reasonably likely to be, incapable of making a will, and
(b) the proposed will, alteration or revocation is, or is reasonably likely to be, one that would have been made by the person if he or she had testamentary capacity, and
(c) it is or may be appropriate for the order to be made, and
(d) the applicant for leave is an appropriate person to make the application, and
(e) adequate steps have been taken to allow representation, as the Court considers appropriate, of persons with a legitimate interest in the application, including persons who have reason to expect a gift or benefit from the estate of the person in relation to whom the order is sought.

Related sections

• 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
• s 23 — Execution of will made under order
• s 24 — Retention of will
• s 25 — Separate representation of person lacking testamentary capacity

Research how courts apply s 22

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