A Will may still be valid even if it does not meet the criteria to be a formal Will. However, the more the Will departs from the formality requirements, the less chance there is that the Court will allow the Will to be a valid informal Will.

As a minimum, for a Will to be a valid informal Will –

  • there must be a document which purports to record the testamentary intentions of the will-maker; and
  • the will-maker must have intended the document to be their will.