This comment sheet is designed to be a convenient means of making remarks and submissions on the issues raised in the Discussion Paper. It is not intended to preclude other forms of written or oral submissions which interested persons may wish to make to the Commission.
1. A scheme of statutory wills should be created to allow persons lacking will-making capacity to make a will.
Agree..........
Disagree..........
Comments:
2. This scheme should have as wide a coverage as possible, and should specifically include:
A. persons suffering from a developmental disorder or disability;
B. persons diagnosed as suffering from a mental illness or disorder, includ-ing both organic and non-organic psychological conditions;
C. persons lacking capacity by reason of disease or accident. This would include the diseases and incapacities associated with old age, and brain damage affecting capacity such as results from a stroke or accident;
D. persons who may have testamentary capacity, but through severe physical disability or injury are completely unable to communicate.
Agree..........
Disagree..........
Comments:
3. When making a will, the Court must consider the views of the person for whom the will is made.
Agree..........
Disagree..........
Comments:
4. The scheme should include, but not be limited to, persons coming within the ambit of The Mental Health Act 1983 and the Protected Estates Act 1983.
Agree..........
Disagree..........
Comments:
5. Any person should be allowed to make an application for a statutory will.
Agree..........
Disagree..........
Comments:
6. The person for whom the will is made must, so far as is practicable, be informed both of its contents and the fact that it is being made.
Agree..........
Disagree..........
Comments:
7. The Court should be given a discretion as to whether to inform close relatives or other interested parties of the content of the will and when it was made.
Agree..........
Disagree..........
Comments:
8. A system should be created to allow a ruling on testamentary capacity to be made before the statutory wills procedure commences.
Agree..........
Disagree..........
Comments:
9. Any scheme of statutory wills should be extended to include minors (that is, persons under 18 years of age).
Agree..........
Disagree..........
Comments:
10. All wills created under the statutory wills scheme should be deposited in the Supreme Court Registry.
Agree..........
Disagree..........
Comments:
