Discuss with Fay whether the document you hold is to be construed as an informal will and whether the court will grant Probate in respect of the document.

Does the document purport to convey the testamentary intentions of a deceased person even if it has not been executed in accordance with valid procedures as to execution?

There are many different forms of an informal will:

  • You may have a document comprising pages in a notebook.
  • The informal will may be no more than the memory of the will years after it was read out to a family member.
  • You may have located a DVD in which the will maker’s recorded oral statement specifically notes that it was the intention of the deceased to make a will by undertaking the recording.

Articles on Informal Wills

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