Re Watts

SUPREME COURT OF QUEENSLAND

CITATION:

Re: Watts [2011] QSC 420

PARTIES:

PUBLIC TRUSTEE OF QUEENSLAND
(applicant)
JOHN CLYDE WATTS

(deceased)

FILE NO/S:

SC No 7021 of 2011

DIVISION:

Trial Division

PROCEEDING:

Application

ORIGINATING COURT:

Supreme Court of Queensland

DELIVERED ON:

Delivered ex tempore 10 November 2011

DELIVERED AT:

Brisbane

HEARING DATE:

10 November 2011

JUDGE:

Atkinson J

ORDER:

The Public Trustee of Queensland be authorised to administer the estate of John Clyde Watts deceased in intestacy.

CATCHWORDS:

SUCCESSSION – WILLS, PROBATE AND ADMINISTRATION – PROBATE AND LETTERS OF ADMINISTRATION – GRANTS OF PROBATE AND LETTERS OF ADMINISTRATION – ADMINISTRATION GENERALLY – PUBLIC TRUSTEES AND CURATORS – where the Public Trustee of Queensland applied for an order that he be authorised to administer the estate of the deceased based on his last will – whether such order should be made

SUCCESSSION – WILLS, PROBATE AND ADMINISTRATION – THE MAKING OF A WILL – TESTAMENTARY CAPACITY – SOUNDNESS OF MIND, MEMORY AND UNDERSTANDING – GENERALLY – where there was evidence to suggest that the deceased may not have had testamentary capacity when he made his last will – whether the deceased had testamentary capacity at such time or at the time of making any of his previous wills

Public Trustee Act 1978 (Qld), s 29(1)(a)

Uniform Civil Procedure Rules 1999 (Qld), r 610(3)

COUNSEL:

L J Nevison for the applicant

SOLICITORS:

Official Solicitor to the Public Trustee for the applicant

HER HONOUR:  The Public Trustee of Queensland has applied to

the Court for an order that he be authorised to administer the

estate of John Clyde Watts (deceased).  The application is

based on a Will of Mr Watts dated 23 May 2007.

This matter was referred to the Court by the Registrar who was

unwilling to make the order himself in view of the evidence

which suggested that the deceased may not have had

testamentary capacity to make the Will when it was made.  The

Public Trustee has quite properly brought those matters to the

Court.

The material before me failed to satisfy me that the testator

had testamentary capacity at the time of making his last Will

and, indeed, two previous Wills.  Accordingly, it was

inappropriate to make the precise order sought.

I will explain my reasons for coming to that conclusion.

The deceased was a very old man at the time he died.  He was

born on 18 July 1911 and died on 9 May 2009.

His personal circumstances appear to have been that he had two

siblings.  He married Marguerite Holden on 15 July 1935.  His

first Will, the first Will that is before me, was executed on

25 May 1950 and was a very simple one.  It bequeathed the

whole of his estate to his wife and should she predecease

him, to their daughter, Dawn Astrid Watts.  The Public Curator

of Queensland, as the Public Trustee was then known, was

appointed executor of the Will.

On 7 February 1956 that marriage was dissolved and on

12 September 1957…