An unexecuted draft will prepared by solicitors on the testator's instructions can be admitted to probate as an informal will under s 32 of the Wills Act 1970 (WA) where the evidence establishes that the testator finally adopted the document as embodying settled testamentary intentions, even though the testator intended to execute it formally and was prevented from doing so by sudden illness. The phrase 'without more' from [name withheld] v [name withheld] does not preclude proof of an informal will merely because the testator contemplated formal execution. The presumption against intestacy is a rule of construction of existing wills and does not predispose the court to admit an informal will to probate.
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