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When is a will not a will?

Succession Law News | August 2015

The NSW Supreme Court recently decided that a digital video disc [DVD] recording of an oral statement of a woman’s intentions for the disposition of her estate could be admitted to probate as a “provable” Will.

In the case of Re Estate of Wai Fun Chan, deceased [2015] NSWSC 1107, the deceased woman had made a DVD recording of her wishes in circumstances where the court found she had stated her intentions freely and voluntarily and there was no evidence of any suspicious circumstances surrounding her statements on the DVD. In the circumstances the court found that all of the requirements of the relevant sections of the Succession Act 2006 (NSW) had been satisfied to admit the DVD for probate, along with her prior formal Will.

Careful estate planning and effective communication can often assist with trouble-free succession of family assets.  Forum Law Solicitors in Leichhardt in Sydney's inner west can provide advice on estate matters, including wills, powers of attorney, appointment of guardian and family provision claims, where you wish to either raise or defend a claim.  We can also advise you on the possibility of a claim being raised in respect of your Will, and advise you on how to minimise the success of any claim to dispute the terms of your Will.
We have clients from many locations within Australia and outside Australia. Call Annette or Jackson on +61 2 9560 3388 to discuss your concerns.

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