Under s 18A of the Wills Probate and Administration Act 1898 (NSW), an informal document becomes a testamentary instrument at the time the deceased manifests the requisite intention (typically when signing), not at the date of death or the date of court determination. Once the intention is established, the document can only be revoked in accordance with s 17 of the Act; a subsequent informal change of mind is insufficient. To the extent Permanent Trustee Co Limited v Milton suggests otherwise, it should not be followed.
The full text is available to signed-in members, including the 133 later cases that cite this judgment.
20 of the 133 citing cases carry a classified treatment. How each court treated it is available to signed-in members.