Application of M [2000] NSWSC 1239

Leave was granted because the plaintiff understood the nature of making a will, had obtained legal advice, the proposed dispositions were disclosed and appeared free and voluntary, and there was a proper reason for a will because he had substantial property that would otherwise pass on intestacy to his biological parents rather than to the persons described as his real family.

Jurisdiction: Australia
Judgment Date: 11 December 2000
Procedural Posture: Application Under S 6 a of the Wills Probate and Administration Act 1898 for a Minor to Make a Will / Judgment on Application
Outcome: Order made; leave granted to the plaintiff to make a will.
Legal Topics: ["minor's Will" 'testamentary Capacity' 'leave to Make a Will' 'intestacy' 'undue Influence']

['succession' 'probate' 'wills'] ["minor's Will" 'testamentary Capacity' 'leave to Make a Will' 'intestacy' 'undue Influence']

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Procedural Posture

Application Under S 6 a of the Wills Probate and Administration Act 1898 for a Minor to Make a Will / Judgment on Application

Legal Issues

1 ['What guidelines should a court observe when considering whether to make an order for a minor to have leave to make a will under s 6A of the Wills Probate and Administration Act 1898.' 'Whether the plaintiff should be granted leave to make a will in the terms placed before the Court.']

Ratio Decidendi

Court Disposition

Order made; leave granted to the plaintiff to make a will.

Orders

['The plaintiff is granted leave to make a will in terms of the document placed before the Court in evidence.']