Re the Will of Robert [2022] NSWSC 1037

Re the Will of Robert [2022] NSWSC 1037
Supreme Court of New South Wales
Hallen J
Succession – statutory wills – Succession Act 2006 (NSW), s18, s19, s22 – person lacking
capacity – application for statutory will – plaintiff diagnosed at early age as being moderately to
severely developmentally disabled – suffered a severe spinal cord injury resulted in becoming
partial paraplegic and permanently incontinent – applicant was financial manager and appointed
guardian of plaintiff – sought order authorising statutory will to be made on behalf plaintiff
pursuant to Succession Act 2006 (NSW) – proposed will was reasonably likely to be, one plaintiff
would make if plaintiff were to have testamentary capacity and appropriate to be made, in
accordance with ss22(b) and 22(c) – applicant appointed executor and trustee, was reasonably
likely to be one that would have been made by if plaintiff had testamentary capacity – will that
provided for equal distribution to each of persons named as beneficiaries would be reasonably
likely to have been one made if plaintiff had testamentary capacity – only amendments to draft
provided being made to appointment of executor and removal of relevant clause relating to
trustee powers – report obtained from the NSW Trustee and Guardian because it has oversight
over the Plaintiff as the private financial manager of Robert – order made subject to person to be
appointed as executor of statutory will – application granted.
Re the Will of Robert