Supreme Court - Trial Division

JW v John Siganto as Litigation Guardian for AW and CW [2015] QSC 300 (15/597) McMeekin J 30 October 2015

Full-text: QSC15-300.pdf


SUCCESSION – MAKING OF A WILL – TESTAMENTARY CAPACITY – LOSS OR LACK OF CAPACITY AND STATUTORY WILLS – where application made under s 21 and 22 of the Succession Act 1981 (Qld) for a court authorised will – where the applicant seeks a statutory will to be made on behalf of the proposed testator, his son – where the proposed testator suffered serious injuries as a result of a near fatal accident in 2005 – where a claim was bought for damages on the proposed testator’s behalf and sanctioned by the court – where the applicant and his wife have been the sole carers of the proposed testator since the accident – where the value of the property beneficially owned by the proposed testator has grown significantly since the accident – where the proposed testator has two young children – whether the applicant is the appropriate person – whether the proposed testator lacks testamentary capacity – whether the proposed statutory will is or may be a will that the proposed testator would make if he were to have testamentary capacity