A Limited v J [2017] NSWSC 736 provides an interesting example of the challenges faced by courts when asked to make orders establishing wills for persons without incapacity.

The person in question was a child with severe disabilities and no capacity to provide instructions. The property owned by the child included a house and funds on deposit, obtained by settlement of litigation.

The basis upon which the court should decide whether to authorise the making of a statutory will is usefully discussed at [77] – [82].

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