Re K’s Statutory Will [2017] NSWSC 1711

Supreme Court New South Wales

Medium Neutral Citation: Re K's Statutory Will [2017] NSWSC 1711 Hearing dates: 3 November 2017 Date of orders: 03 November 2017 Decision date: 03 November 2017 Jurisdiction: Equity - Protective List Before: Lindsay J Decision: Order, pursuant to section 18 of the Succession Act 2006 NSW, that a Will be authorised to be made on behalf of an incapacitated minor, together with consequential relief Catchwords: SUCCESSION – Wills, Probate and Administration – Statutory will – Minor nil capacity case – Statutory powers informed by protective jurisdiction – Consideration of benefit to, and interests of, incapacitated minor – Operation in context of statutory criteria – Discretion to approve "specific terms" of a will – How to be exercised Legislation Cited: Child Support (Assessment) Act 1989 Cth Civil Procedure Act 2005 NSW NSW Trustee and Guardian Act 2009 NSW Succession Act 2006 NSW Cases Cited: A Limited v J (No. 2) [2017] NSWSC 896 A Limited v J [2017] NSWSC 736 Banks v Goodfellow (1870) LR 5 QB 549 GAU v GAV [2016] 1 QDR 1 In Re An Incapable Person D [1983] 2 NSWLR 590 Protective Commissioner v D (2004) 60 NSWLR 513 Griffin v Union Trustee Co of Australia Limited (1947) 48 SR (NSW) 360; 65 WN (NSW) 5 Re AAA; Report on a protected person's attainment of the age of majority [2016] NSWSC 805 Re Fenwick (2009) 76 NSWLR 22 Re Fenwick; Application of JR Fenwick; Re "Charles" (2009) 76 NSWLR 22 Re Will of Jane [2011] NSWSC 624 Read v Carmody [1998] NSWCA 182 Secretary, Department of Family and Community Services v K [2014] NSWSC 1065 Snelgrove v Swindells [2007] NSWSC 868 Texts Cited: - Category: Principal judgment Parties: Plaintiff: Australian Executor Trustees Limited First Defendant: Mother of the Incapacitated Minor, K Second Defendant: Father of K Representation: Counsel: Plaintiff: RD Williams First Defendant: S Chapple Second Defendant: No appearance