Wills v NSW Trustee [2022] NSWSC 1098

Supreme Court New South Wales

Medium Neutral Citation: Wills v NSW Trustee [2022] NSWSC 1098 Hearing dates: 11, 15 August 2022 Date of orders: 17 August 2022 Decision date: 17 August 2022 Jurisdiction: Equity Before: Lindsay J Decision: An application under section 19 of the Succession Act 2006 NSW for leave to apply for a court-authorised will under section 18 of the Act refused. Catchwords: SUCCESSION — Statutory wills, Succession Act 2006 NSW, s 18, s 19, s 22 — Plaintiff applies for Statutory Will in her favour – Plaintiff is guardian of protected person and beneficiary in alleged informal Will made in her favour – Protected person without family – Death without a Will might result in estate passing to the State – Application for leave to apply for Statutory Will refused – Court not satisfied of matters prescribed by section 22 Legislation Cited: Evidence Act 1995 NSW Interpretation Act 1987 NSW Guardianship Act 1987 NSW NSW Trustee and Guardian Act 2009 NSW Succession Act 2006 NSW Cases Cited: GAU v GAV [2016] 1 Qd R 1; [2014] QCA 308 Perpetual Trustee Co Limited v Fairlie-Cunninghame (1993) 32 NSWLR 377 Re K's Statutory Will (2017) 96 NSWLR 69; [2017] NSWSC 1711 Category: Principal judgment Parties: Plaintiff: Patricia Elizabeth Wills Defendant: NSW Trustee and Guardian (the NSW Trustee) as financial manager of the protected person Representation: Counsel: Plaintiff: M Bennett Defendant: S Macmillan, Solicitor