A document headed 'Will instructions' that is duly executed in accordance with s 10 of the Succession Act 1981 (Qld) may be admitted to probate as a will if there is evidence of animus testandi. The key issue is not the form of the instrument but whether it was executed as a will and whether the testator intended it to take effect as a will. Solicitors who have clients sign Will Instruction Sheets in the presence of two witnesses, with advice that the document may form their will, can establish the requisite testamentary intention.
The full text is available to signed-in members, including the 8 later cases that cite this judgment.
1 of the 8 citing cases carry a classified treatment. How each court treated it is available to signed-in members.