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Difference between revisions of "Court's Power to Cure Deficiencies and Rectify Wills (16:V)"
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Court's Power to Cure Deficiencies and Rectify Wills (16:V) (view source)
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(Created page with "{{REVIEWED LSLAP | date= July 8, 2022}} {{LSLAP Manual TOC|expanded = wills}} == F. Court’s Power to Cure Deficiencies and Rectify Wills == Section 58 of ''WESA'' gives the court the power to recognize any “record” that gives effect to the testamentary disposition of the deceased, even if it does not comply with the formalities of ''WESA'' and/or the common law. This means that the court can give effect to a document or other record that contains a testamentary d...") |
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{{REVIEWED LSLAP | date= July 8, 2022}} | {{REVIEWED LSLAP | date= July 8, 2022}} | ||
{{LSLAP Manual TOC|expanded = wills}} | {{LSLAP Manual TOC|expanded = wills}} | ||
Section 58 of ''WESA'' gives the court the power to recognize any “record” that gives effect to the testamentary disposition of the deceased, even if it does not comply with the formalities of ''WESA'' and/or the common law. This means that the court can give effect to a document or other record that contains a testamentary disposition. As such, '''individuals should be cautious about drafting documents that may be construed as a testamentary disposition'''. | Section 58 of ''WESA'' gives the court the power to recognize any “record” that gives effect to the testamentary disposition of the deceased, even if it does not comply with the formalities of ''WESA'' and/or the common law. This means that the court can give effect to a document or other record that contains a testamentary disposition. As such, '''individuals should be cautious about drafting documents that may be construed as a testamentary disposition'''. | ||
