An ‘Informal Will’ is one that has not been executed in accordance with the formal requirements for a Will to be accepted as legally valid. These formalities are:
- the Will should be in writing and signed by the maker or by another person in the presence of two or more witnesses;
- the signature has been witnessed in the presence of at least two witnesses; and
- at least two witnesses have attested and signed the document in the presence of the maker.
However, there are certain circumstances when an informal Will could still be accepted as valid. Through the probate process, the NSW Supreme Court can legally endorse an informal Will. Endorsement by the Court will depend on how the document was executed and the evidence available as to the testamentary intentions of the deceased.
What constitutes an informal Will covers many possibilities and might, for example, include a letter, handwritten note or even a video recording.
What next if you find what may be an informal Will?
The first step is to seek specialist legal advice. Much will depend on the evidence that can be produced to assess whether an application is likely to succeed. The cost of an application must be considered against the probability of success and what this may mean financially, including the impact on expectant beneficiaries, even if the Will is endorsed.
Contact our specialist Wills and Probate Lawyers in Sydney, NSW
If you require assistance in validating an informal Will, Szabo & Associates Solicitors have many years of experience in all Wills and Probate matters. Please contact us on {{CONTACT_NUMBER}} or complete the online contact form.