Re Will of Jane

The matter before the court was an application by the plaintiff, who sought to have a statutory will made for the first defendant under section 18 of the Succession Act 2006, and for leave under section 19(1) of the same Act. The first defendant, who is unable to make a will due to incapacity, was represented by the New South Wales Trustee and Guardian. The plaintiff, who is the second and third defendants' sibling, is one of the first defendant's children. The second and third defendants opposed the plaintiff's application.

The court had to determine whether it was appropriate to make a statutory will for the first defendant and whether the plaintiff was a suitable person to benefit from such a will. The court also needed to assess whether the proposed will aligned with the first defendant's known wishes and values, and whether the plaintiff had acted in good faith throughout the proceedings.

In delivering the judgment, the court found that the plaintiff had acted appropriately and in the best interests of the first defendant. The court was satisfied that the plaintiff was a suitable beneficiary and that the proposed will aligned with the first defendant's known wishes. The court emphasised the importance of considering the first defendant's values and preferences in making the decision. The opposition from the second and third defendants was not sufficient to outweigh the evidence presented by the plaintiff and the New South Wales Trustee and Guardian. The court granted the plaintiff's application for a statutory will and the associated leave.

The court ordered that a statutory will be made for the first defendant, with the plaintiff named as the beneficiary. The court also directed that the costs of the application be paid by the second and third defendants. The decision ensures that the first defendant's estate is managed in accordance with their wishes and that the plaintiff, as a suitable beneficiary, is able to benefit from the estate.