Sultana, Application of [2010] NSWSC 915

Sultana, Application of [2010] NSWSC 915

Given Vincent's lifelong lack of testamentary capacity, the sole asset's origin from the mother's gift, and evidence of care by the mother and Lina, it is reasonably likely Vincent would have provided for them had he been able. Statutory requirements are satisfied, so the statutory will is approved.

Parties
Plaintiff: Lina Carmen Sultana
Jurisdiction
Australia
Judgment Date
16 August 2010
Procedural Posture
Application for Statutory Will / Hearing and Determination
Outcome
Statutory will approved.
Legal Topics
Statutory Will, Testamentary Capacity, Nil Capacity, Distribution of Estate
Succession Law Statutory Will Testamentary Capacity Nil Capacity Distribution of Estate

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Parties

Lina Carmen Sultana

Plaintiff

Procedural Posture

Application for Statutory Will / Hearing and Determination

Legal Issues

  1. 1 Whether leave should be granted for an application for a statutory will in a nil capacity case under the Succession Act 2006 (NSW)
  2. 2 Whether approval should be given for the proposed statutory will disposition given circumstances of the estate and family

Ratio Decidendi

Given Vincent's lifelong lack of testamentary capacity, the sole asset's origin from the mother's gift, and evidence of care by the mother and Lina, it is reasonably likely Vincent would have provided for them had he been able. Statutory requirements are satisfied, so the statutory will is approved.

Court Disposition

Statutory will approved.

Orders

  • Leave granted to apply for and approve a statutory will pursuant to Succession Act 2006 (NSW) ss 18, 19
  • Orders made in terms of paragraphs 1, 2, 3 and 4 of the Summons