A document recording a deceased's proposed testamentary changes, created at the suggestion of a third party and expressly intended as a preliminary step before formal changes by a solicitor, does not satisfy the testamentary intention requirement under s 8(2)(b) of the Succession Act 2006 (NSW). The 'reasonable investigation' principle from Re Hodges may displace the offer of compromise costs regime under UCPR r 42.15 in probate suits where the cross-claimant acted reasonably in raising the document for investigation.
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