Re; Application of J.R. Fenwick & Re Charles [2009] NSWSC 530

These two cases considered the issue of capacity and it was the first time the court was required to consider the power under the Succession Act which confers a power to the court to authorise the Registrar to make, alter or revoke a will on behalf of a person who lacks testamentary capacity. A will made in accordance with these provisions is called “a statutory will”.