In New South Wales, Palmer J provided an excellent foundation for the application of the statutory will provisions in his landmark decision in Re Fenwick; Application of Fenwick & Re Charles [2009] NSWSC 530 … Palmer J distinguished between three categories of people on whose behalf an application for a statutory will might be made: – adults with prior testamentary capacity (‘lost capacity’ cases) – persons who have never obtained testamentary capacity (‘nil capacity’ cases) – minors with prior testamentary capacity (‘pre-empted capacity’ cases Extract from Speech by Rosalind F Croucher, Succession Law Conference, Blue Mountains Annual Law Conference, 17 September 2011