South Australian Current Acts

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WILLS ACT 1936 - SECT 12

12—Validity of will

        (1)         A will is valid if executed in accordance with this Act, notwithstanding that the will is not otherwise published.

        (2)         Subject to this Act, if the Court is satisfied that—

            (a)         a document expresses testamentary intentions of a deceased person; and

            (b)         the deceased person intended the document to constitute his or her will,

the document will be admitted to probate as a will of the deceased person even though it has not been executed with the formalities required by this Act.

        (3)         If the Court is satisfied that a document that has not been executed with the formalities required by this Act expresses an intention by a deceased person to revoke a document that might otherwise have been admitted to probate as a will of the deceased person, that document is not to be admitted to probate as a will of the deceased person.

        (4)         This section applies to a document whether it came into existence within or outside the State.

        (5)         Rules of Court may authorise the Registrar to exercise the powers of the Court under this section.



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