WILLS ACT 1936 - SECT 12
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.