Re APB, ex parte Sheehy

This case involves an application by Peter Sheehy, seeking leave under section 22 of the Succession Act 1981 (Qld) to have a will made on behalf of APB, a 91 year old man who lacks testamentary capacity. The court was required to determine whether more weight should be given to statements of testamentary intention made by APB when he had capacity, compared to those made after he lost capacity. Additionally, the court needed to consider whether provision should be made for APB's children, other family members, friends, and charities in the will.

The court granted leave to the applicant and authorised the making of a will for APB in accordance with the terms stated in a form of will to be submitted by the applicant. The court directed that the applicant draft a form of will in line with the reasons provided, provide a copy of the draft will to the respondents, and submit the draft within five days for the court's approval and subsequent execution. The court also granted liberty to apply as to the form of the will prior to its execution and ordered that the issue of costs be the subject of short written or oral submissions. Furthermore, the court mandated that any copy of these reasons published on the judgment website or in any other publication made to, or accessible by, the general public or a section of the general public, be in an anonymised form.

In summary, the court granted the application and authorised the making of a will for APB, taking into consideration statements of testamentary intention made when he had capacity and provisions for his children, other family members, friends, and charities. The applicant was directed to draft a form of will in accordance with the court's reasons, submit it for approval, and execute the will in accordance with the Act. The court also addressed the issue of costs and mandated that any publication of the reasons be in an anonymised form.