In the Matter of Michele (Mary) Maniskas

Michele (Mary) Maniskas was the subject of an application made by a family friend, Ms Andrew, pursuant to section 7 of the Wills Act 1936 (SA). Ms Andrew sought an order authorising the making of a will on behalf of Mary, who was 93 years of age and completely dependent on care. The application was heard in the Supreme Court of South Australia on 27 March 2015. The legal issues before the court were whether Mary lacked testamentary capacity and whether the proposed will would accurately reflect her likely intentions if she had testamentary capacity. Additionally, the court needed to determine if it was reasonable in all circumstances to grant the order.

The court considered the evidence provided by Ms Andrew and Dr Juliana Nicholls, who had been Mary's general practitioner. Ms Andrew deposed that she had known Mary for over 50 years and that Mary and her late brother, Constantine, intended to leave their estates to charity. However, Mark Tatyzo, a social worker, stated that Mary had cognitive incapacity to make complex decisions. Dr Juliana Nicholls, on the other hand, opined that Mary lacked testamentary capacity due to her significant health problems, including senile dementia, and that it was highly unlikely that her condition would improve. Based on this evidence, the court concluded that Mary lacked testamentary capacity and that the proposed will would accurately reflect her likely intentions.

The court found it reasonable in all circumstances to grant the order authorising the making of a statutory will. The court acknowledged that Mary and her brother had intended to leave their estates to charity, and the proposed will reflected this intention. Additionally, the court noted that the Guardianship Board had already appointed Ms Andrew as Mary's Guardian and Administrator, which further supported the grant of the order. Therefore, the court granted the order authorising the making of a statutory will on behalf of Mary.