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Wills Act 1968
11AValidity of will etc not executed with required formalities
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11A Validity of will etc not executed with required formalities
(1) A document, or a part of a document, purporting to embody
testamentary intentions of a deceased person shall, notwithstanding
that it has not been executed in accordance with the formal
requirements of this Act, constitute a will of the deceased person, an
amendment of the will of the deceased person or a revocation of the
will of the deceased person if the Supreme Court is satisfied that the
deceased person intended the document or part of the document to
constitute his or her will, an amendment of his or her will or the
revocation of his or her will respectively.
(2) In forming a view of whether a deceased person intended a document
or a part of a document to constitute his or her will, an amendment of
his or her will or a revocation of his or her will, the Supreme Court
may, in addition to having regard to the document, have regard to—
(a) any evidence relating to the manner of execution of the
document; or
(b) any evidence of the testamentary intentions of the deceased
person, including evidence (whether admissible before the
commencement of this section or not) of statements made by the
deceased person.
Wills Part 2
Section 12
R22
23/02/26
Wills Act 1968
Effective: 23/02/26
page 9
Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au