Wills, Estates & Probate

Informal Will

Also known as: dispensing power document

In plain English

A document that doesn't meet all the usual signing and witnessing rules, but which a court may still accept as a valid will.

What it means

An informal will is a document that records a person's testamentary wishes but does not comply with the strict signing and witnessing formalities. Each Australian jurisdiction has a 'dispensing power' allowing the Supreme Court to admit such a document to probate if satisfied the deceased intended it to be their will. Courts have accepted unsent text messages, video recordings and notes in some cases. However, relying on an informal will is risky and expensive, as it requires a court application.

How it's used

After his sudden death, the family applied to the court to recognise an unsent text message as an informal will.

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