HYN v KZW

In the case of HYN v KZW, the applicant, HYN, sought an order for a will to be made on behalf of KZW, who had been diagnosed with moderately severe Alzheimer's dementia. The application was made under section 21 of the Succession Act 1981 (Qld). KZW had three children: D1, D2, and S1. The legal issues before the court were whether KZW lacked testamentary capacity, whether HYN was the appropriate person to make the application, whether adequate steps had been taken to allow representation of other interested parties, and whether the proposed will was one KZW would make if she had testamentary capacity.

The court found that KZW lacked testamentary capacity due to her severe dementia, a finding supported by medical reports and observations. KZW was alive, fulfilling the second requirement of section 21. HYN was deemed an appropriate applicant as she was KZW’s daughter, acting as her attorney, and caring for her full-time. Adequate steps had been taken to allow representation by other interested parties, as notice had been given to all relevant parties, and an open invitation was extended for any further interested parties to be heard. The court was satisfied that the proposed will was one KZW would likely have made, considering her previous wills, her relationships with her children, and the significant conduct of S1 that had disentitled them from any significant benefit in the estate. The court approved the proposed will, finding it to be consistent with KZW’s testamentary intentions.

The final orders made by the court were that a will be made for KZW in the form of the proposed will, the applicants’ costs be paid out of KZW's assets on the indemnity basis, a pseudonym be applied to the parties' names to protect KZW’s privacy, and that there be no order as to the costs of the respondent or S1.