Re: D

The case, Re: D, was heard by the Queensland Supreme Court, where the applicant sought to establish a statutory will for Miss D, who has cerebral palsy and lacks testamentary capacity. The applicant, acting as the administrator of Miss D's estate, sought to prepare a statutory will under sections 21 and 22 of the Succession Act 1981 (Qld). The central legal issue was whether the court had the authority to approve the creation of a statutory will for Miss D, considering her incapacity and the provisions of the Act.

The court considered whether the statutory provisions and case law adequately supported the creation of a statutory will for an individual who lacks testamentary capacity. The court noted that while the Act allows for the making of statutory wills for individuals lacking testamentary capacity, it required a careful examination of the individual's circumstances. The court examined the extent of Miss D's incapacity, her understanding of the consequences of making a will, and the potential for undue influence. Ultimately, the court determined that the statutory provisions and relevant case law supported the creation of a statutory will in this instance, as it was in Miss D's best interests.

In reaching its decision, the court emphasised the importance of ensuring that the statutory will reflects Miss D's wishes as closely as possible, given her incapacity. The court concluded that the applicant was suitably positioned to prepare the will and that the proposed will was in line with Miss D's best interests. The court found that the statutory provisions provided sufficient authority to authorise the creation of the will and that it was appropriate to do so in the circumstances. The court granted the application, authorising the applicant to make the proposed will for Miss D.