Re The Full Board of the Guardianship and Administration Board

In the case of Re The Full Board of the Guardianship and Administration Board, the central dispute involved the capacity of a person under administration to execute a valid will without the consent of the Guardianship and Administration Board. The Full Court of the Supreme Court of Western Australia was tasked with reconsidering the decision in Johnson v Staniforth & Ors, which had previously held that the creation of a will by a person under administration constituted a disposition of property that required the Board's consent. This case required the court to delve into the interplay between the Guardianship and Administration Act 1990 and the principles of succession law to determine whether the making of a will constitutes a disposition of the testator's property or estate, and if so, when such a disposition occurs.

The court was required to address whether the making of a will by a person under administration constitutes a disposition of their property or estate within the meaning of s 77(1)(a) of the Guardianship and Administration Act 1990. This required an analysis of the nature and effect of a will and other testamentary instruments and how these interact with the legislative framework governing the administration of estates of individuals who lack the capacity to manage their own affairs. Additionally, the court had to consider the timing of any such disposition, particularly in relation to the devolution of property upon the testator's death.

The court held that the making of a will by a person under administration does not constitute a disposition of their property or estate within the meaning of s 77(1)(a) of the Guardianship and Administration Act 1990. The court reasoned that a will, as a testamentary instrument, does not effect a disposition of property until the testator's death. Therefore, the creation of a will does not require the consent of the Guardianship and Administration Board under the Act. This decision clarified the legal position regarding the capacity of individuals under administration to make valid wills and highlighted the distinction between the execution of a will and the disposition of property that occurs upon the testator's death.

The court's decision effectively overturned the previous ruling in Johnson v Staniforth & Ors, providing a clearer framework for individuals under administration to manage their estates through the creation of valid wills. The final orders of the court would reflect this determination, ensuring that the Board's role is correctly understood in relation to testamentary dispositions by persons under administration.