Incapacity to make a Will – a solution

STATUTORY WILLS WHEN A PERSON HAS NO CAPACITY TO MAKE A WILL

It is not uncommon for an elderly person to lose capacity to make a valid Will because he/she suffers from dementia. Incapacity may also affect a younger person for an array of reasons (eg from injuries received in a car accident).

Not having a Will may have many legal consequences, including who receives an money /property from the estate of the person when that person dies.

In a case where there is no capacity to make a valid Will or alter an existing Will, an application can be made to the Supreme Court of NSW under sections 18 and 19 of the Succession Act. If the application is successful, a valid Will is created which is a court-authorised “statutory” will. In addition to the applicant proving that the person has no testamentary capacity, there may be evidence of the wishes of the person.

If you need advice on testamentary capacity to make a Will, contact Kathy Chase of Pittwater Family Lawyers by telephoning her on (02) 9918 6565 or 0418 285 307 or sending her an email at: info@pittwaterfamilylawyers.com.au or pittwaterfamilylawyers@gmail.com.au http://www.pittwaterfamilylawyers.com.au