What is the legal test for validity of a will in Western Australia?

Manitoba, Canada


The following excerpt is from George v. Daily, 1997 CanLII 17825 (MB CA):

In In the Matter of the Will of Lobato; Shields v. Caratozzolo (1991), 6 W.A.R. 1 (Sup. Ct.) Nicholson J. noted (at p. 8): ... I keep in mind that it is also the case that the greater the departure from the requirements of formal validity ... the harder it may be for the court to reach the required state of satisfaction ... The "required state of satisfaction" to which Nicholson J. was referring is the standard of proof imposed under the Western Australian dispensation provision "that there can be no reasonable doubt" that the deceased intended the document to constitute his/her will. (I will have more to say on this kind of provision in due course.)

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