Section 54 — Protection of Personal and Property Rights Act 1988: Testamentary powers of person subject to property order

54 Testamentary powers of person subject to property order (1) Without limiting the generality of section 4 of this Act, a person subject to a property order shall not, by reason only of being subject to that order, be incapable of making testamentary dispositions. (2) A Court may direct that a person subject to a property order may make a testamentary disposition only by leave of the Court; and, in such a case, a testamentary disposition made without the leave of the Court shall be ineffective for all purposes. (3) The Court may grant leave to make a testamentary disposition under subsection (2) of this section in respect of a testamentary disposition already made or to be made. (4) The Court may cause inquiries to be made as to the existence of any testamentary disposition made by a person subject to a property order before the making of the property order (whether such testamentary disposition was made before or after the passing of this Act), and may direct that any such testamentary disposition shall be deposited in the Court. (5) If it appears to the Court that a testamentary disposition was made when the person was unable to manage his or her own affairs in relation to his or her property, the Court may cause inquiries to be made, in such manner as the Court thinks fit, whether that testamentary disposition expresses the present desire and intention of the person. (6) If the Court is satisfied that the testamentary disposition does not express the present desire and intention of the person, a Court may, in any case where such a course is possible, cause the present desire and intention of the person to be ascertained to the Court's satisfaction, and may authorise the execution by the manager under section 55 of this Act of a new testamentary disposition of that person's estate in accordance with that present desire and intention.