Court Ordered Wills (Statutory Wills)
Expert advice for Court Ordered (Statutory Wills)
All adults should have an up-to-date Will in place. However, there are some circumstances when this is not possible. The Supreme Court can make, change and even revoke a Will for an adult who does not have the mental ability to do so themselves. These are known as ‘Court Ordered Wills’ or ‘Statutory Wills’.
We can help you understand the role of Court Ordered (Statutory) Wills and provide advice on any circumstances that may apply to you.
For a Will to be created or amended, the Willmaker must have all of his/her mental faculties. There are certain circumstances when this is not possible. For example, a person with a brain injury or someone who has dementia may not be able to make a valid Will or update their last Will.
Court Ordered Wills are important because if a person dies without a Will, or is unable to update an old Will, this can lead to unfair outcomes.
The Court’s power to make a Will also extends to children. Ordinarily, a child cannot make a Will. But from time-to-time, we see tragic situations where it is necessary for the Court to authorise a child to make a Will. This might occur for example if a child has received a large inheritance or personal injury compensation payment.
If the child has little contact with one parent in particular, our advice might be that a Court Ordered Will should be sought for the child.
Flexible options to suit your needs
We offer a range of fee options for clients depending on their circumstances, including deferred payment and speculative (‘no win no fee’) arrangements.
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If you need advice about Court Ordered Wills, please contact us now for your free no obligation 30-minutes appraisal.
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