Undated document a will?

In NSW Trustee and Guardian v Pittman – Estate of Koltai [2010] NSWSC 501 White J considered whether an undated document constituted the will of the deceased … White J found that the use of the words “of sound mind” indicated that deceased intended to make a testamentary instrument: at [33]. But several other factors outweighed that conclusion. White J found that the statement that the deceased’s mother or brother should pay her debts was more consistent with the document being an expression of her wishes as to how her family should act after death rather than being intended to be a will (at [34]): Alan Yazbek v Ghosn Yazbek & AnorĀ [2012] NSWSC 594 Slattery J at 100.


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