The Court pronounced against the validity of a will that had been physically torn up by the testator, finding on circumstantial evidence that the testator tore the will with the intention of revoking it under s 15(c) of the Wills Act 1970 (WA) and had testamentary capacity to do so at the relevant time. The Court emphasised that even where parties consent to orders in probate proceedings, the court must be independently satisfied on the evidence of the invalidity of the will before making declarations. The finding of revocation was supported by the testator's documented intention to change his will, the tearing of related estate planning documents (EPA and EPG) alongside the will, and medical evidence of normal cognition during the relevant period.
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