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.
(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.