A recent NSW case has looked again at the concept of an informal will. Although the case is NSW law, it can inform the position in other states and territories. Because of the tragic circumstances of the will maker’s death, the name has been withheld.
A document that lacks these formalities can still be admitted to probate if the court is satisfied that it reflects the testamentary intentions of the will maker at the time of death. The will maker drafted a text to her sister that was unsent but referred to the will and confirmed her hope that even though she hadn’t signed it, it would still “stick”.
The second requirement of testamentary intention is a little trickier. Filling in online will-making software would not necessarily establish the intention that the produced document would be the will maker’s will. They might have simply been testing the software or producing a document for further consideration and even third-party advice. There needed to be something more to establish testamentary intention.