WILLS ACT 1970 - SECT 32

WILLS ACT 1970 - SECT 32

32 .         Court may dispense with formal requirements

        (1)         In this section and section 33 —

        document means any record of information including —

            (a)         anything on which there is writing; or

            (b)         anything on which there are marks, figures, symbols or perforations having a meaning for persons qualified to interpret them; or

            (c)         anything from which sounds, images or writings can be reproduced with or without the aid of anything else; or

            (d)         a map, plan, drawing or photograph,

        and includes any part of a document within the meaning given by this subsection.

        (2)         A document purporting to embody the testamentary intentions of a deceased person, even though it has not been executed in the manner required by this Act, constitutes —

            (a)         a will of the person; or

            (b)         an alteration to a will of the person; or

            (c)         the revocation of a will of the person; or

            (d)         the revival of a will or part of a will of the person,

                if the Supreme Court is satisfied that the person intended the document to constitute the person’s will, an alteration to the person’s will, the revocation of the person’s will or the revival of a will or part of a will of the person, as the case may be.

        (3)         In forming its view, the Supreme Court may have regard (in addition to the document) to any evidence relating to the manner of execution or testamentary intentions of the person, including evidence (whether admissible before the commencement of this section or otherwise) of statements made by the person.

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

        [Section 32 inserted: No. 27 of 2007 s. 23.]