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Section 8 of the Succession Act 2006 (NSW) involves three key requirements
Section 8 of the Succession Act 2006 (NSW) involves three key requirements. Powell JA outlined a systematic approach in Hatsatouris v Hatsatouris [2001] NSWCA 408 at [56] to guarantee that the document aligns with the deceased’s true testamentary intentions. A ‘document’ must first exist - defined by s 3(1) of the Succession Act; reference is made to the broad definition of a "document" under s21 of the Interpretation Act 1987 (NSW) including: Physical records: Handwritten
By Peter Allsopp
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