S33Z of the Succession Act (Qld) provides that a person who has possession or control of a will of a deceased testator must, if asked, allow an entitled person to inspect the will and/or give a certified copy of the will on payment of the person’s reasonable expenses.

will includes—
(a) a purported will or revoked will; and
(b) a part of a will, purported will or revoked will.”

In a judgment delivered on Tuesday, North J found that:

(a)  The reference to “purported” broadens the definition of “will” so as to include a document which may not satisfy the formal requirements of a will but on its face purports to state the testamentary intentions of a deceased person, such as a Lexon Will Instruction Checklist;

(b) However, in circumstances where the Will Instruction Checklist was accompanied by a document signed at the same time by the deceased specifically stating that “ I do not wish the Will Instructions Checklist to be my will”, then the document does not purport to be a will.

Accordingly, the document was not a “purported will” and was not required to be produced under s33Z.

Read Saltmer v Rennick Lawyers here.

2 thoughts on “What is a “Purported will”?

  1. Of it is headed Instructions for a Will, and contains instructions with very important changes for a Will, and the testator signs the document stating that it is not intended to be his or her Will and promptly dies: how would one go about having the document declared an informal Will?

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  2. PS I haven’t read the case yet Cate and I bet that iquestion has been covered. Providing copies of a will to interested parties is not onerous and the Will is what it is no matter what the content.

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