Writing not in compliance with formal requirements

Where a court of competent jurisdiction is satisfied that writing embodies:

• the testamentary intentions of the deceased; or

• the intention of the deceased to revoke, alter or revive a will of the deceased or the testamentary intentions of the deceased embodied in a document other than a will,

the court may, regardless of the formal requirements, order the will to be fully executed

Publication

Once the will is properly executed, it does not need to be publicly announced or made known to anyone else in order to be considered a valid legal document.

Time of which will speak

A will should be interpreted as if it was written just before the person died, unless the will says otherwise. So, if a person leaves property to someone in their will, it will be considered as if the person gave the property to them just before they died.

NS WA s.8A, 10, 23