The presumption of revocation by destruction of a lost Will is not rebutted merely by showing that the Will made a careful and complete disposition of the testator's property at the time it was made, where nearly 30 years have elapsed and gradual changes in the testator's domestic and financial circumstances have occurred. The passage of time itself, accompanied by incremental changes in family circumstances and health, may sustain the presumption even in the absence of evidence of any dramatic event prompting revocation. In Western Australia, the common law rules from Sugden v Lord St Leonards concerning proof of lost Will contents by secondary evidence remain applicable, as s 34 of the Wills Act 1970 (WA) does not extend to the NSW amendment permitting admissibility of deceased persons' statements.
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