QLDIn ForceAct
Succession Act 1981
sec.18Court may dispense with execution requirements for will, alteration or revocation
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### sec.18 Court may dispense with execution requirements for will, alteration or revocation
This section applies to a document, or a part of a document, that—
purports to state the testamentary intentions of a deceased person; and
has not been executed under this part.
The document or the part forms a will, an alteration of a will, or a full or partial revocation of a will, of the deceased person if the court is satisfied that the person intended the document or part to form the person’s will, an alteration to the person’s will or a full or partial revocation of the person’s will.
In making a decision under subsection (2) , the court may, in addition to the document or part, have regard to—
any evidence relating to the way in which the document or part was executed; and
any evidence of the person’s testamentary intentions, including evidence of statements made by the person.
Subsection (3) does not limit the matters a court may have regard to in making a decision under subsection (2) .
This section applies to a document, or a part of a document, whether the document came into existence within or outside the State.
s 18 amd 2002 No. 74 s 90 sch
sub 2006 No. 1 s 6
(sec.18-ssec.1) This section applies to a document, or a part of a document, that— purports to state the testamentary intentions of a deceased person; and has not been executed under this part.
(sec.18-ssec.2) The document or the part forms a will, an alteration of a will, or a full or partial revocation of a will, of the deceased person if the court is satisfied that the person intended the document or part to form the person’s will, an alteration to the person’s will or a full or partial revocation of the person’s will.
(sec.18-ssec.3) In making a decision under subsection (2) , the court may, in addition to the document or part, have regard to— any evidence relating to the way in which the document or part was executed; and any evidence of the person’s testamentary intentions, including evidence of statements made by the person.
(sec.18-ssec.4) Subsection (3) does not limit the matters a court may have regard to in making a decision under subsection (2) .
(sec.18-ssec.5) This section applies to a document, or a part of a document, whether the document came into existence within or outside the State.
- (a) purports to state the testamentary intentions of a deceased person; and
- (b) has not been executed under this part.
- (a) any evidence relating to the way in which the document or part was executed; and
- (b) any evidence of the person’s testamentary intentions, including evidence of statements made by the person.