A propounder of an informal will under s 34 of the Wills Act 1970 (WA) must adduce evidence sufficient to satisfy the Court on the balance of probabilities that the deceased created the document and intended it to have testamentary effect. The legal sophistication of a document, when inconsistent with the deceased's known abilities, and the inability to identify the means of its creation, may prevent the Court from being so satisfied even where the document was found among the deceased's possessions. In probate costs, the second exception to the general rule (reasonable grounds for investigation) may be limited to the period before the propounder's case is materially undermined by expert evidence.
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