The unsuccessful applicant in the recent case of ADT v LRT has appealed the decision. It will be the first time the Qld Court of Appeal has considered statutory wills (quite exciting for us succession lawyer nerds).
Readers will recall the facts were as follows.
The proposed testator’s son separated from his wife after the testator lost capacity. The applicant was the testator’s husband. The application was on the basis that, if she were to have capacity, she would change her will so that assets would be kept out of her son’s hands, to protect them from the pending Family Court proceedings.
Flanagan J held that the core test was satisfied, in that the proposed will was one that the testator may have made were she to have capacity. However, his Honour was not satisfied that it was appropriate for an order to be made (in terms of s24(e) of the Succession Act), in that the proposed codicil was intended to impact pending Family Court proceedings.