Victorian Numbered Acts

ADMINISTRATION AND PROBATE AND OTHER ACTS AMENDMENT (SUCCESSION AND RELATED MATTERS) ACT 2017 (NO. 41 OF 2017) - SECT 25

After Division 6 of Part 8 of the Powers of Attorney Act 2014 insert —

"Division 7—Powers of VCAT with respect to wills

        134A     VCAT may open will

VCAT may open and read any paper or writing that is a will, a revoked will, a purported will or a copy of a will of—

        (a)     a principal under an enduring power of attorney who does not have testamentary capacity; or

        (b)     a deceased person who, immediately before the person died, was a principal under an enduring power of attorney.

        134B     VCAT may compel production of will

VCAT may make an order compelling a person who has possession or control of a will, a revoked will or a purported will of a principal who does not have testamentary capacity to produce that document to VCAT—

        (a)     for the purposes of section 134A; or

        (b)     on the application of an attorney under an enduring power of attorney.

        134C     VCAT may make copy of will available to attorney

VCAT may make available to an attorney under an enduring power of attorney a full or redacted copy of a will, a revoked will or a purported will of the principal if the principal does not have testamentary capacity.".

Part 5—Consequential amendment of other Acts and repeal of amending Act