IN RE LOWE

[1949] VLR 169·FULLAGAR J.
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[1949] VLR 169
1949 VLR 169
IN RE LOWE Supreme Court of Victoria FULLAGAR J. November 25, 1948, 06 December 1948 Administration and probate — Will — Soldier — Killed on active service — Oral statements — Whether expression of final intention — Not necessary to show deceased knew he was making a will — Wills Act 1928 (No. 3803), sec. 10 — Statute Law Revision Act 1933 (No. 4191), sec. 2 — Wills (War Service) Act 1939 (No. 4684), sec. 2 .

Letters of administration with the will annexed may be granted of a will made orally by a soldier "in actual military service" on it being established that the statements made by the deceased expressed a final intention deliberately formed by him as to what should be done with his property in the event of his death.

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[1949] VLR 169

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