Informal Wills

Feb 22, 2023 | Publication

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  ACTSC 130 (Mossop J).

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

The information in this publication is of a general nature and is not intended to address the circumstances of any particular individual or entity. Although we endeavour to provide accurate and timely information, we do not guarantee that the information in this publication is accurate at the date it is received or that it will continue to be accurate in the future. We are not responsible for the information of any source to which a link is provided or reference is made and exclude all liability in connection with use of these sources. If you do not wish to receive newsletters from us, please let us know.

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