Re Hay

The court was presented with an application by an individual seeking permission to apply for a statutory will on behalf of Ms Carmyn Ethel Kingston, under the Succession Act 1981 (Qld). The primary concern was whether Ms Kingston, due to a potential lack or loss of testamentary capacity, was unable to create a valid will. The legal issues before the court involved assessing whether the applicant had provided sufficient evidence to warrant the court's approval to proceed with the application for a statutory will, and if not, what further steps needed to be taken to sufficiently support such an application.

The court found that while the evidence suggested a basis for the application, it was not yet robust enough to justify authorising the making of a will. The court thus determined that leave should be granted for the applicant to further develop the application. The court outlined specific directions to be undertaken by the applicant, including obtaining a written report from a geriatrician, arranging for Ms Kingston to be interviewed by an independent Accredited Specialist in Succession Law, and preparing a proposed will if deemed appropriate by the specialist. Furthermore, the applicant was tasked with verifying the accuracy of financial statements concerning another party and filing further affidavit evidence if necessary.

In conclusion, the court granted leave to the applicant to apply for an order authorising the making of a will on behalf of Ms Kingston, subject to the completion of the outlined steps. These steps were deemed essential to provide a comprehensive assessment of Ms Kingston's testamentary capacity and her understanding of her estate. The remainder of the originating application was adjourned to a future date to allow for the completion of these tasks and the submission of further evidence.