David Andrew
speaker
514 appearances
1 recordings
1 series
first heard Aug 2022
last heard Aug 2022
David Andrew’s voice in public audio — every appearance, attributed to the second.
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Appearances
We'd look at the circumstances.
What does it say?
Does it look like a will?
Where was it?
Was it amongst all of your other important possessions like certificates of title or was it just left on the coffee table?
Who are the people who are affected?
If I approve this document, who misses out?
What do they say about it?
If it's up to a million dollars, you can ask the registrar of probates to do it if there's permission of the people affected.
Otherwise, you might have to go to court before a judge of the Supreme Court.
Now, we're not talking about magistrates court or VCAT.
You go to the highest court in the state.
to determine that issue, which is not inexpensive and very formal.
So yes, an informal will may be able to prove, but there's lots of hoops to jump through.
So classic example of informal wills are suicide notes.
Okay, you know, it doesn't mean you didn't have testamentary capacity just because you take your life, but you don't go and say, look, come over, you know, I'm about to take my life, I'll decide it and get it witnessed.
I mean, you'll just have a person's wishes.
Or, as you say, someone made a good attempt to do it, but they mucked it up because they only got one witness or something like that.
So informal wills can be proved, but are difficult and you'd want to go and get some advice.
Yeah, definitely sounds challenging, especially for the family of the loved one to go through having to go to court.
Showing 321–340 of 514 · page 17 of 26
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