Informal Will Probate Applications

Ordinarily a probate application involves a will that has been executed in accordance with strict legal requirements – signed by the will maker and 2 independent witnesses.  Despite this, Queensland succession law enables the Supreme Court to issue a grant of probate to an informal will document – that is, a document which hasn’t been executed in accordance with the usual legal formalities. 

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An informal will application involves demonstrating to the Supreme Court that:

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• There is a document;

• The document expresses the testamentary (i.e. will-making) intentions of the deceased person; and

• The document was intended to act as the deceased person’s will, despite not being a formally signed will.

In this context, ‘document’ has a wide meaning which can include video recordings, unsent text messages, computer files, or even a formal will that simply hasn’t been signed and witnessed properly.

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If you’re aware of a potential informal will document, it might be necessary to make an application to the Supreme Court to ask they uphold the wishes expressed by that document.  If you’re facing that situation, please contact Ashton Estate Lawyers for a free 15-minute telephone conversation to discuss the circumstances and how we might assist you.