SUCCESSION – MAKING OF A WILL – TESTAMENTARY CAPACITY –
LOSS OR LACK OF CAPACITY AND STATUTORY WILLS – where
applicant sought
leave under s 22 Succession Act 1981 (Qld) to apply for an order under s
Source
Original judgment source is linked above.
Catchwords
SUCCESSION – MAKING OF A WILL – TESTAMENTARY CAPACITY –LOSS OR LACK OF CAPACITY AND STATUTORY WILLS – whereapplicant soughtleave under s 22 Succession Act 1981 (Qld) to apply for an order under s21 Succession Act 1981 (Qld) authorising a statutory will to be made forhis father – where the applicant’s father suffered from dementia–where the Public Trustee and Adult Guardian had been appointed to actfor the applicant’s father in all his financial and personalmatters– where the respondent had recently married the applicant’s father– where the father’s most recentwill was revoked by the marriageunder s 14 Succession Act 1981 (Qld) leaving him with no valid will– where the applicant argued that if his father was able to instruct onthe making ofa will, he would not want any part of his estate to pass to therespondent given her allegedly dishonest conduct in transferringaway his assets– where there respondent sought an adjournment of the proceedings –
whether the proceedings should be
adjourned – whether the
applicant’s father lacks testamentary capacity – whether the
proposed statutory will is
or may be a will the applicant’s father would
make if he were to have testamentary capacity
PROCEDURE – COSTS – DEPARTING FROM THE GENERAL RULE –
ORDER FOR COSTS ON THE INDEMNITY BASIS – whether costs
should be paid out
of the estate on an indemnity basis
Banks v Goodfellow (1870) LR 5 QB 594Lawrie & Anor v Hwang