An unsigned will prepared on the deceased's instructions and approved by the deceased as to content will not be admitted to probate under s 8 of the Succession Act 2006 (NSW) where the deceased acknowledged the need for execution and intended the document to become operative only upon signing. The 'without more' requirement from Hatsatouris v Hatsatouris is not merely directed at ensuring concluded testamentary intentions but requires the deceased to have intended the document to have present operation as a will. The broader approach in Mitchell v Mitchell (WA) was not followed.
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