Recent Developments

The ‘curse’ of the homemade will – Rogers v Rogers Young [2016] WASC 208

In Rogers v Rogers Young [2016] WASC 208, Master Sanderson considered the proper construction of a ‘homemade’ will.  The judgment commences: “On numerous occasions when dealing with so-called homemade wills, I have observed they are a curse.  Homemade wills which utilise what is sometimes known as a ‘will kit’ are not much better.  This case […]

Statutory will – nil capacity case – W, DJ [2015] SASC 45

In Re Fenwick (2009) 76 NSWLR 22, Palmer J outlined three ‘categories’ of statutory will cases – lost capacity, nil capacity and pre-empted capacity.  Of these three, the nil capacity cases pose the most difficulty in practice because it is impossible to ascertain the subjective testamentary intention of the person for whom the will is […]

ADT v LRT [2014] QSC 169 – appeal

The appeal in the statutory codicil case ADT v LRT [2014] QSC 169 was heard today by the Queensland Court of Appeal. The appeal was allowed. Leave was granted pursuant to s.22 of the Succession Act 1981 (Qld) to apply for an order pursuant to s.21 of the Act authorising the alteration of the testatrix’s […]

ADT v LRT [2014] QSC 169

An important decision concerning an application for a statutory codicil was delivered this week by Flanagan J, in ADT v LRT [2014] QSC 169. The decision is significant because there has to date been very little judicial consideration of s.24(e) of the Succession Act 1981 (Qld) – the requirement that ‘it is or may be appropriate for […]

Two new statutory will cases – Re JT [2014] QSC 163 and Re D [2014] QSC 164

Two new statutory will cases were published today: Re JT [2014] QSC 163 and Re D [2014] QSC 164, both decisions of Ann Lyons J. These reasons for judgment were both published in de-identified form, which is a first for Queensland.   Her Honour considered that the proposed testator’s ‘dignity, privacy and vulnerability should be recognised […]