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When a ‘Will’ does not comply with formal requirements

It can be the case that a deceased leaves a ‘Will’ but that such ‘Will’ does not comply with the formal requirements of a Will. It may be for instance that the "Will" simply has not been executed properly, but it can also be the case that the ‘Will’ has been recorded in an unusual way such as left as a message on a mobile telephone or as a poem.

In certain circumstances, the Succession Act allows for such informal testamentary documents to be admitted to probate. It is important that you receive good advice in these regards so that the deceased’s testamentary intention can be put into effect.

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