Succession Act 2006 (NSW) section 8: When may the Court dispense with the requirements for execution, alteration or revocation of wills?
In order to satisfy s 8, it is necessary that three matters be demonstrated. First, there must be a document. Second, that the document must purport to embody the testamentary intention of the deceased. Third, there must be evidence to satisfy the Court that the deceased intended that the document, without more, would operate as part of his or her will: per Powell JA in Hatsatouris v Hatsatouis [2001] NSWCA 408 at [56]: Brown v HillĀ [2012] NSWSC 464 Stevenson J at 26.