Re W, DJ

The case involves DJW, who was born with severe physical and intellectual disabilities due to a complicated birth, and the application for making a statutory will on his behalf. DJW's parents have separated, and he has minimal contact with his father. DJW lives with his mother and sister, and spends time with his half-sister on his mother's side. The court was required to determine whether DJW lacked testamentary capacity, and if so, whether the proposed will accurately reflected his likely testamentary intentions.

The court found that DJW lacked testamentary capacity due to his severe disabilities and determined that a statutory will should be made. However, the court was not satisfied that the proposed will accurately reflected DJW's likely testamentary intentions. The court found that the proposed will did not adequately account for DJW's minimal contact with his father and his half-siblings on his father's side. The court also found that the proposed will did not adequately account for the substantial payment DJW received as part of a personal injury settlement.

The court ordered that a statutory will be made in accordance with the terms outlined in the decision. The court emphasized that the will should reflect DJW's likely testamentary intentions and that it was desirable to avoid intestacy. The court also noted that if a material change of circumstances occurs following the making of the statutory will, the court may be approached again for the making of a codicil or further statutory will.

This case highlights the importance of considering the unique circumstances of individuals with disabilities when making decisions about their estate planning. The court emphasized the need for a will that accurately reflects the individual's likely testamentary intentions, and the need to avoid intestacy. The case also highlights the importance of considering the potential impact of significant financial settlements on estate planning decisions.