A video recording of a testator reading an informal will aloud, without any comment, agreement or confirmation of its contents, is insufficient to establish that the testator intended the document to be her will under s 9 of the Wills Act 1997 (Vic). Issues of testamentary capacity and knowledge and approval remain relevant factors in the s 9 inquiry. A bare medical certificate stating competence, without supporting reasons, is insufficient to establish testamentary capacity. Where an informal will is prepared by a relative of the principal beneficiary, without witnesses, in circumstances where the testator was gravely ill and had had months to contact a solicitor, the Court will scrutinise the evidence with particular care.
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