ABSTRACT
Trusts may be created by will as well as by an ‘inter vivos’ disposition. All States prescribe formalities for the execution of a valid will. Typically, (see, for example, s 7 of the Wills Act 1958 (Vic)) they require the will to be in writing, signed by the testator or some other person in his presence or at his direction, the signature being at the foot of the will and two or more witnesses being present and having sighted the testator’s signature. Legislation in New South Wales, South Australia, Queensland and Western Australia has conferred on the Supreme Court in these States the power to relax these requirements if there is no reasonable doubt the testator intended the document in question to be his will.1
