Re the Will of Joseph [2022] NSWSC 565

Supreme Court New South Wales

Medium Neutral Citation: Re the Will of Joseph [2022] NSWSC 565 Hearing dates: 2 and 3 May 2022 Date of orders: 3 May 2022 Decision date: 10 May 2022 Jurisdiction: Equity - Duty List Before: Henry J Decision: Leave granted for making of application for statutory will. Orders made approving the terms of the will and for signing by Registrar. Catchwords: SUCCESSION - Statutory Will – where minor suffered severe traumatic brain injury in a motor vehicle accident – where significant sum of damages awarded – where applicant seeks a statutory will – whether minor lacks testamentary capacity – whether the proposed will is reasonably likely to be one that would have been made by the minor if he had testamentary capacity Legislation Cited: Succession Act 2006 (NSW) Cases Cited: AB v CB [2009] NSWSC 680 A Ltd v J (No 2) [2017] NSWSC 896 Banks v Goodfellow (1870) LR 5 QB 549 Estate Rofe [2021] NSWSC 257 Kerr & anor v Badran & anor Estate of Badra [2004] NSWSC 735 Re Fenwick; Application of J.R. Fenwick & Re Charles [2009] NSWSC 530 Re K, JL [2016] SASC 53 Re MP's Statutory Will [2019] NSWSC 331 Re Will of Alexa [2020] NSWSC 560 Secretary, Department of Family & Community Services v K [2014] NSWSC 1065 Small v Phillips (No 2) [2019] NSWCA 268 Category: Principal judgment Parties: Secretary, Department of Communities and Justice (Plaintiff) KM (Defendant) Representation: Counsel: V. Hartstein (Plaintiff)