The relevant time for establishing the deceased's testamentary intention under s 34 of the Wills Act 1970 (WA) is the date of death, not the date the document was created. A document may constitute a will even though the deceased intended but failed to execute it, provided the court is satisfied the deceased intended its terms, without more, to govern the disposition of the estate. The civil standard of proof applies but requires a considerable degree of satisfaction given the seriousness of the consequences.
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