Sadler v Eggmolesse

Sadler, the applicant, sought a statutory will for her son, Matthew Scott Eggmolesse, who was born with significant mental and physical impairments due to birth injuries. Matthew has been cared for almost exclusively by his mother, who is seeking to have a statutory will made on his behalf. The dispute arose due to concerns over Matthew's testamentary capacity, and whether a statutory will could be made that would reflect his wishes if he had the capacity to make a will himself. The case was heard in the Supreme Court of Queensland.

The primary legal issue before the court was whether Matthew lacked testamentary capacity and if a statutory will could be made in his name that aligns with what he would have made if he had such capacity. The court had to consider the definition and implications of testamentary capacity under the Succession Act 1981 and the circumstances of Matthew's impairments. It also needed to assess the content of the proposed statutory will and whether it was in Matthew's best interest to have it authorised.

The court granted leave for the applicant to apply for a statutory will for Matthew, finding that Matthew did indeed lack testamentary capacity. The court was satisfied that the draft will proposed by the applicant reflected what Matthew would have wished if he had the capacity to make a will. The court authorised the making of the statutory will in accordance with the draft will provided. The costs of the application were to be borne by Matthew's estate, with a specific allocation for the respondent's costs.

The court's decision allowed for the statutory will to be made and authorised the draft provided by the applicant. Costs were ordered to be paid from Matthew's estate, with a specific amount allocated to the respondent. This decision ensures that Matthew's estate will be managed according to his mother's proposed will, which the court found to be in line with Matthew's interests.