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SUCCESSION ACT 1981 - SECT 18
Court may dispense with execution requirements for will, alteration or revocation
18 Court may dispense with execution requirements for will, alteration or
revocation
(1) This section applies to a document, or a part of a document, that— (a)
purports to state the testamentary intentions of a deceased person; and
(b)
has not been executed under this part.
(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.
(3) In making a
decision under subsection (2) , the court may, in addition to the document or
part, have regard to— (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.
(4) Subsection (3) does not limit the matters a court may have regard to in
making a decision under subsection (2) .
(5) This section applies to a
document, or a part of a document, whether the document came into existence
within or outside the State.
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