Re K’s Statutory Will [2017] NSWSC 1711

Re K’s Statutory Will [2017] NSWSC 1711

The will to be authorised for K should provide for those members of his family who are natural objects of his bounty and are in close, regular contact with him, without unnecessary complexity such as testamentary trusts for more remote individuals or institutions. The proposed will in simple form was for K’s benefit and in his interests, and the alternative complex form proposed by his mother was not justified on the evidence.

Jurisdiction
Australia
Judgment Date
03 November 2017
Procedural Posture
Application for Statutory Will / Final Orders on Contested Application
Outcome
Application granted. Orders made for leave to apply, for authorisation of will, and for related consequential relief including directions for review and orders as to costs.
Legal Topics
['statutory Wills' 'testamentary Capacity' 'protective Jurisdiction' 'costs in Protective Matters' 'appropriate Terms of Statutory Will']
['succession Law' 'equity' 'protective Jurisdiction'] ['statutory Wills' 'testamentary Capacity' 'protective Jurisdiction' 'costs in Protective Matters' 'appropriate Terms of Statutory Will']

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Procedural Posture

Application for Statutory Will / Final Orders on Contested Application

Legal Issues

  1. 1 ['Whether the Court should approve a will to be made on behalf of an incapacitated minor under s 18 of the Succession Act 2006 (NSW)' 'Whether the proposed will terms are for the benefit and in the interests of the minor' "How the discretion to approve 'specific terms' of the will should be exercised"]

Ratio Decidendi

The will to be authorised for K should provide for those members of his family who are natural objects of his bounty and are in close, regular contact with him, without unnecessary complexity such as testamentary trusts for more remote individuals or institutions. The proposed will in simple form was for K’s benefit and in his interests, and the alternative complex form proposed by his mother was not justified on the evidence.

Court Disposition

Application granted. Orders made for leave to apply, for authorisation of will, and for related consequential relief including directions for review and orders as to costs.

Orders

  • ['Leave granted to the plaintiff to make application under s 18 of the Succession Act on behalf of K.' 'A will to be authorised for K in the terms of the draft will Exhibit P5.' 'The Registrar to sign and seal the will under s 23 of the Succession Act.' 'The manager of K’s protected estate to report to the Court...