Doughan v Straguszi

In the matter of Doughan v Straguszi, the applicant sought leave to apply for a court order to authorise the making of a will for her mother, Rose Straguszi, who was afflicted with dementia and lacked the capacity to make, revoke, or alter her will. The application was brought under sections 21 and 22 of the Succession Act 1981 (Qld). The applicant argued that the existing will created uncertainty and complications, particularly concerning the family farm assets, and her brother was involved in financial difficulties that could lead to personal bankruptcy. The court needed to determine whether to grant leave for the application and whether to authorise the making of a will according to the draft provided.

The court examined the evidence and considered the legal framework provided by the Succession Act 1981 (Qld). It noted the statutory provisions allowing for the making of a will for a person who lacks testamentary capacity. The applicant had provided sufficient evidence to establish her mother's incapacity and the necessity for a new will to address the specific issues with the existing will. The draft will, which was part of the application, appeared to adequately address the complexities of the estate, particularly the family farm, and provided clarity for the distribution of assets. The court concluded that the application should proceed and that the draft will was appropriate for authorisation.

The court granted the applicant leave to apply for an order to authorise the making of a will for Rose Straguszi. It further authorised the Registrar to make a will for Rose Straguszi in accordance with the draft will, which was detailed in pages five through to 15 of exhibit NDC1 to the affidavit of Naomi Rowan Lahara De Costa. The application was adjourned to a later date to be determined, and liberty to apply was granted. There was no order regarding costs. This decision ensured that Rose Straguszi's estate would be managed in accordance with the court's authorisation, providing clarity and stability for the family during a challenging time.