Supreme Court authorises Statutory Will for a 12 year old Child

In December 2014, the Supreme Court of Queensland authorised a statutory will for a 12 year old child who suffered from a severe disability, had a large estate as the result of a personal injuries claim and had a short life expectancy.

A statutory Will is made or authorised by the court on behalf of an individual without capacity to author their own will.In Queensland, the Succession Act provides the court with the power to authorise a will on behalf of an incapacitated individual.

Before making an order authorising a statutory will, the court must be satisfied that:

  1. There are reasonable grounds for believing that person to whom the statutory Will applies lacks testamentary capacity; and
  2. That the proposed Will reflects what the wishes of the individual would likely be if they ever did have testamentary capacity.

In this case, the court authorised a Will that would see the child’s estate distributed to the mother and cousins of the child. If your child is in need of a statutory will contact Cliff Kroesen on (07) 55711982.