The views of family members and what is important to the impaired person are key considerations for the Court when considering making a Will under s21 of the Succession Act 1981 (Qld).
RD is a young man who has lived with a traumatic brain injury for most of his life. His Mother (the Applicant) is his primary carer and he is close to his immediate family (Mother, divorced Father, and his siblings).
In rejecting a sophisticated draft Will (which focussed on Asset Protection) proposed by RD’s Litigation Guardian, Her Honour Bowskill J relied significantly on:
- Evidence that RD had expressed a clear desire that his money go directly to his immediate family; and
- The fact that his immediate family all supported the simpler draft Will that achieved the above outcome which was proposed by the Applicant.
Legally complex solutions can often have unintended consequences such as complicating the administration of financial affairs, creating uncertainty and increasing costs.
List members Caite Brewer and Katrina Kluss appeared for the Applicant/Mother and RD’s younger siblings respectively.
Read the judgment here.
