When assessing appropriateness under s 24(e) of the Succession Act 1981 (Qld), the likely wishes of the incapacitated person and the resolve with which they would act are central considerations that must not be overlooked in favour of the competing interests of third parties. The existence of pending Family Court proceedings involving a beneficiary is not an irrelevant consideration but its relevance is towards the margins where the competing claims are over marital property rather than claims upon the testatrix's bounty. The statutory will jurisdiction is protective in nature; its guiding principle is what is for the benefit and interests of the incapacitated person.
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