In some circumstances, a party might claim that the Will of the deceased is not the only relevant legal document that represents the deceased’s intentions. Nas Hanafi explains what documents New South Wales legislation accepts as valid additions to the Will. According to Section 8 of the Succession Act 2006, the Court can change the way in which a Will is interpreted. This may happen under the following circumstances: (1) when the legal document: (a) represents the intentions of the deceased; but (b) was not executed or was executed incorrectly; and (2) The document encompasses: (a) the will of the deceased person – if the Court agrees that the deceased wanted to write their will, or (b) a change in the will of the deceased - if the Court agrees that the deceased wanted to make a modification to their will, or (c) a complete or partial cancellation of the will - if the Court agrees that the deceased wanted to make a complete or partial cancellation to their will. When reaching a conclusion under subsection (2), the Court is allowed to consider several other aspects aside from the document: (a) any proof that refers to the means by which the document was put into effect; and (b) any proof that refers to the directives of the deceased person, including proof of declarations of the deceased person. For more information on the above-mentioned situation, you can contact Nas (Nasir) Hanafi of Lion Legal on 02 9223 9055.
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