WILLS ACT 1997 - SECT 9 When may the Court dispense with requirements for execution or revocation?

WILLS ACT 1997 - SECT 9

    (1)     The Supreme Court may admit to probate as the will of a deceased person—

        (a)     a document which has not been executed in the manner in which a will is required to be executed by this Act; or

        (b)     a document, an alteration to which has not been executed in the manner in which an alteration to a will is required to be executed by this Act—

if the Court is satisfied that that person intended the document to be his or her will.

    (2)     The Supreme Court may refuse to admit a will to probate which the testator has purported to revoke by some writing, where the writing has not been executed in the manner in which a will is required to be executed by this Act, if the Court is satisfied that the testator intended to revoke the will by that writing.

    (3)     In making a decision under subsection (1) or (2) the Court may have regard to—

        (a)     any evidence relating to the manner in which the document was executed; and

        (b)     any evidence of the testamentary intentions of the testator, including evidence of statements made by the testator.

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

    (5)     The Registrar may exercise the powers of the Court under this section—

        (a)     where the Court has authorised the Registrar to exercise the Court's powers under this section; and

        (b)     where—

              (i)     all persons who would be affected by a decision under this section so consent; or

              (ii)     if consent is not given, the value of the estate does not exceed the limit set for the purposes of this section by the Court.

    (6)     In this section "document" has the same meaning as in the Interpretation of Legislation Act 1984 .

Division 4—Witnessing a will

S. 10 amended by No. 11/2021 s. 82 (ILA s. 39B(1)).