In the Matter of Shaun Arthur Pickles

The case of In the Matter of Shaun Arthur Pickles involved Shaun Pickles, who was born with cerebral palsy and lacks testamentary capacity due to his condition. Shaun's parents, Mr and Ms Pickles, sought authorisation to make a statutory will on his behalf under section 7 of the Wills Act. The parents argued that Shaun's substantial estate should not go into intestacy, and the proposed will appointed them as executors with a substitution for the Public Trustee. Shaun's sister, KLP, who was joined as an interested party, did not oppose the application.

The legal issues before the court were whether Shaun lacked testamentary capacity and whether the proposed will reflected his likely intentions, making it desirable to avoid intestacy. The court found that Shaun lacked testamentary capacity and was unlikely to ever gain it. The court also determined that the proposed will reflected Shaun's likely intentions and that it was desirable to avoid intestacy by granting the application for a statutory will.

The court reasoned that Shaun's condition and the substantial nature of his estate provided good reasons to grant leave to proceed with the application. The court found no opposition to the order and acknowledged that the terms of the will may need reassessment if circumstances change in the future. The court concluded that the proposed will was in Shaun's best interests and granted the application for a statutory will.

The final orders were that permission was granted to proceed with the application, Shaun was found to lack testamentary capacity, the proposed will reflected Shaun's likely intentions, and it was desirable to avoid intestacy by granting the application for a statutory will.