Participants

1. INTRODUCTION
BACKGROUND TO THE REFERENCE
The scope of the investigation
The need for wills for persons lacking testamentary capacity
Consultation
THE EXISTING LAW
Testamentary capacity
The intestacy rules
The Family Provision Act 1982
MANAGEMENT OF THE AFFAIRS OF PERSONS WITH DISABILITIES
Inherent jurisdiction of the Supreme Court
Jurisdiction under the Protected Estates Act 1983
The Protective Commissioner
The Guardianship Board
THE LAW IN OTHER JURISDICTIONS
The English legislation
South Australia
Proposals for reform in Victoria
Other jurisdictions
Footnotes

2. RECOMMENDATIONS
A statutory will-making scheme should be introduced
The statutory will-making power to be vested in the Supreme Court
Persons covered by the scheme
Who may apply for a statutory will.
Joining the person lacking testamentary capacity as a defendant
Joinder of the Protective Commissioner
Leave to make application
Who should be notified.
Lack of testamentary capacity
Factors to be considered by the Court
The execution of a statutory will
The effect of a statutory will
Alteration of a statutory will
Revocation of a statutory will
The Family Provision Act 1982
Application to minors
Proceedings for a statutory will to be public
Costs
Conflict of laws
Deposit in Supreme Court Registry
Procedures for statutory wills
Footnotes