NSWIn ForceAct
Succession Act 2006
8When may the Court dispense with the requirements for execution, alteration or revocation of wills?
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#### 8 When may the Court dispense with the requirements for execution, alteration or revocation of wills?
8 When may the Court dispense with the requirements for execution, alteration or revocation of wills?
(cf WPA 18A)
> > (1) This section applies to a document, or part of a document, that—
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> > > (a) purports to state the testamentary intentions of a deceased person, and
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> > > (b) has not been executed in accordance with this Part.
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> > (2) The document, or part of the document, forms—
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> > > (a) the deceased person’s will—if the Court is satisfied that the person intended it to form his or her will, or
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> > > (b) an alteration to the deceased person’s will—if the Court is satisfied that the person intended it to form an alteration to his or her will, or
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> > > (c) a full or partial revocation of the deceased person’s will—if the Court is satisfied that the person intended it to be a full or partial revocation of his or her will.
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> > (3) In making a decision under subsection (2), the Court may, in addition to the document or part, have regard to—
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> > > (a) any evidence relating to the manner in which the document or part was executed, and
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> > > (b) any evidence of the testamentary intentions of the deceased person, including evidence of statements made by the deceased person.
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> > (4) Subsection (3) does not limit the matters that the Court may have regard to in making a decision under subsection (2).
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> > (5) This section applies to a document whether it came into existence within or outside the State.