Re: CGB

The case of Re: CGB involved an 83-year-old man who had never made a will and was now in a facility for the aged. The court was required to determine whether a statutory will should be made for him, and if so, what the terms should be. The application for an order under s 21 of the Succession Act 1981 (Qld) was heard with the application for leave pursuant to s 22(3) of the Act. Various interested parties had differing opinions on whether a statutory will should be made for CGB, and, if so, what terms should be included in that will.

The legal issues before the court were whether the court should make an order authorising a will to be made, and if so, in what terms. The court had to consider the evidence of CGB's capacity to make a will, as well as the opinions of various interested parties on what the terms of the will should be. The court also had to consider the potential impact of the order on CGB's assets and the costs of the proceeding.

The court found that CGB had not demonstrated testamentary capacity, and that it was not in his best interests to make a statutory will. The court also found that the application for leave should be refused and that the costs of the proceeding were to be assessed on an indemnity basis and paid out of CGB's assets. The court further ordered that the file in this matter is to be sealed, and is not to be opened without an order of the Supreme Court of Queensland.