The problem with informal wills

In NSW, section 8 of the Succession Act 2006 (NSW) (Act) lets the Court dispense with the formal requirements for a will. However, it would be imprudent to rely on this provision (and state and territory equivalents if you are outside of NSW). It is always best to comply with the formal requirements of making a will to ensure your estate is distributed in accordance with your wishes.

Two cases highlight the dangers of failing to sign a will and trying to seek probate of informal testamentary documents.

Informal Wills

In NSW, the test for admitting informal wills is as follows:

1. was there a document that did not comply with the formal requirements of making a will;
2. did the document purport to set out the testamentary wishes of the deceased; and