Supreme Court - Trial Division

ADT v LRT [2014] QSC 169 ; [2014] 31 QLR Flanagan J 6 August 2014

Full-text: QSC14-169.pdf


SUCCESSION – MAKING OF A WILL – TESTAMENTARY CAPACITY – LOSS OR LACK OF CAPACITY AND STATUTORY WILLS – where the applicant is the husband of an incapacitated testatrix of more than 55 years – where the applicant applies for leave pursuant to s 22 of the Succession Act 1981 to amend or vary the testatrix’s 1998 will – where, under her 1998 will, the testatrix intended to bequeath to her son valuable real property – where the respondent is the testatrix’s son’s wife – where the son and the respondent have separated and intend to be divorced – where the respondent has initiated Family Court property settlement proceedings – where the applicant alleges the testatrix would have altered her will, were she to have testamentary capacity, to ensure her son’s interest in the testatrix’s real property would be protected from the reach of the property settlement proceedings – whether, pursuant to s 24(d) of the Succession Act 1981, the proposed alteration of the testatrix’s will is or may be an alteration the testatrix would make were she to have capacity – whether, pursuant to s 24(e) of the Succession Act 1981, an order of the court authorising the proposed alteration of the testatrix’s will is or may be appropriate to be made