Informal Wills

In NSW there is a concept of an ‘informal will’.  Section 8 of the Succession Act 2006 (NSW) relates to a document that “purports to state the testamentary intentions of a deceased person” but “has not been executed…”

In order to be an ‘informal will’, the Court must be satisfied that “the person… intended the document to form his or her will…”

The Court in deciding whether a document is an ‘informal will’ may have regard to any evidence relating to the manner in which the document or part was executed and any evidence of the testamentary intentions of the deceased person, including evidence of statements made by the deceased person.

The relevant document can have come “into existence within or outside the State” of New South Wales.

Where an informal will is sought to be propounded, a search for a will is needed: see In the Estate of Jansen [2020] ACTSC 130 (Mossop J).

It is important to obtain legal advice regarding your rights.  Please contact our office on (02) 9633 1826 or for an obligation free appointment.

By Stephen McAuley
McAuley Hawach Lawyers
11 Fennell Street, Parramatta NSW 2124
Telephone: (02) 9633 1826

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