An unexecuted draft will that the deceased never saw, read, or approved will not be admitted to probate under s 12(2) of the Wills Act 1936 (SA), particularly where the evidence shows the deceased's actual testamentary intentions differed from the terms of the draft. The line between a draft will and a document intended to constitute a will must never be crossed. The Briginshaw standard of proof applies to dispensing power applications, though the court noted the result would be the same on the ordinary civil standard.
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