LAWS4236 Lecture Notes - Lecture 2: Probate, Willand, Nsw Law Reports
Document Summary
Croucher & vines (4th ed) 7. 1 - 7. 37, 8. 1 8. 6, 8. 11 8. 17, 8. 21c, 3. 24 3. 25c. While testamentary freedom is the hallmark of the common law of succession, this does not mean that the law has regarded the making of a will as an act that should be carried out without serious deliberation. Lang, amongst others, has suggested that among the functions of wills formalities are evidential, ritual and cautionary functions. The presence of a number of witnesses is said to protect the testator from being forced to sign a document that does not express his or her real intentions. The formalities also have a channelling function that reduces judicial effort because the judge can look quickly at the form and presume the will is the product of real intention. Fo(cid:396)(cid:373)alities too (cid:396)igo(cid:396)ousl(cid:455) adhe(cid:396)ed to (cid:272)a(cid:374) ope(cid:396)ate to defeat (cid:449)hat the (cid:272)ou(cid:396)t k(cid:374)o(cid:449)s to (cid:271)e the testato(cid:396)(cid:859)s declared intentions. (a) statutory requirements (4 requirements)
