On 23 December 1987, the then Attorney General, the Hon R J Mulock LLB MP, referred the following matter to the Commission for investigation:

To investigate into and report on:

(a) whether power should be given to any person or body -

(i) to give effect to a will or disposition of testamentary nature made by or on behalf of a person lacking testamentary capacity by reason of mental disability;

(ii) to make such a will or disposition on behalf of such a person;


(b) any related matter.

The Law Reform Commission is constituted by the Law Reform Commission Act 1967. Pursuant to section 12A of the Act, the Chairman has constituted a Division for the purposes of this reference. The members of the Division are:

Mr Keith Mason, QC (Chairman and Commissioner-in-charge of the Reference)
Greg James, QC
Eva Learner
Ronald Sackville

Ms Mary Butcher

Mr Peter Hennessy

Rosemary Chandler
Leanne O'Shannessy
Kimber Swan

Ms Beverley Caska

Mrs Nozveen Khan

Ms Jane Codey
Ms Joanne Keene

Ms Judith Grieves
Ms Zoya Howes
Jennifer McMahon

The Commission invites submissions on the issues raised in this Discussion Paper. Submissions and comments should reach us by 31 October 1989. We have attached a Comment Sheet at the end of the paper as a convenient means of making remarks and submissions. All inquiries and comments should be directed to:

Peter Hennessy
Executive Director
NSW Law Reform Commission
GPO Box 5199
SYDNEY NSW 2001

Telephone: (02) 228 7213
Fax: (02) 271054