An unsigned document found concealed in a deceased's car cannot be admitted to probate under s 34 of the Wills Act 1970 (WA) where there is no evidence the deceased prepared the document or instructed its preparation, and no words or act of the deceased demonstrating an intention that the document operate as his will. The concealment of an unsigned document, rather than supporting testamentary intention, may tend to suggest the deceased had not formed a final intention. In probate costs, once a critical plank of the proponent's case falls away (here, the typewriter evidence), it may be unreasonable to continue the proceedings, justifying an order that the proponent bear their own costs.
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