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Safeguard Your Loved One’s Legacy with a Statutory Will
Is someone dear to you unable to make or update their Will due to cognitive impairment, illness, or disability? Don’t leave their estate’s fate to chance. Safeguard your loved one’s legacy by applying for a Statutory Will through CLO Lawyers Toowoomba.
Why Opt for a Statutory Will?
As Australia’s population ages and conditions like dementia become prevalent, an increasing number of people may lack the capacity to manage their own affairs or update their Will.
Testamentary capacity, vital for Will creation, requires understanding the nature and effect of a Will, posing problems for those with cognitive impairment or disabilities.
In addition, only persons over 18 can make or change a Will. Therefore, a child receiving a substantial sum from a personal injury claim or an inheritance will not have the capacity to make a Will, even though it may be desirable for them to do so.
Statutory Wills, also known as court-ordered or court-authorised Wills, are available to protect those unable to voice their testamentary intentions due to mental incapacity, youth, or debilitating illness.
What is a Statutory Will?
A Statutory Will is a Will created or modified by a court on behalf of an individual without testamentary capacity. Each Australian state and territory empowers courts to create, alter or revoke Wills for incapacitated individuals. The Supreme Court of each jurisdiction can make an order while the incapacitated person is alive.
When is a Statutory Will Necessary?
Several circumstances may warrant the making of a Statutory Will, including:
- Mental incapacity – conditions like dementia or severe cognitive impairment.
- Loss of capacity – due to illness or accident.
- Minors with significant assets – individuals under 18 with substantial assets from compensation claims or inheritance.
- Severe physical disability – rendering an individual unable to communicate or sign a Will.
Initiating a Statutory Will Application
Anyone, particularly someone connected to the person lacking capacity, can apply for a Statutory Will. This could be a spouse, family member, carer, legal representative, or close friend. The applicant must provide medical evidence supporting testamentary incapacity and proof of the person’s likely wishes.
Essential Information Required for Application
- lack of testamentary capacity and the likelihood of regaining capacity.
- estate’s nature and value.
- a draft Will or details of alteration or revocation.
- potential claims, including Family Provision Claims.
- details of the beneficiaries in the circumstances of intestacy.
Making a Statutory Will with CLO Lawyers Toowoomba:
Crafting a comprehensive estate plan involves more than just a Will. The Wills and Estates team at CLO Lawyers is here to guide you through every step of the estate planning process.
Engaging an estate planning lawyer to create an estate plan will be minimal compared to the costs required to remedy an uncertain or disputed Will.
Why Choose CLO Lawyers Toowoomba?
- Experienced Wills & Estates Team
We have extensive knowledge and compassion, assisting you with sensitivity and understanding.
- Court Application and Guidance
We navigate the complex legal process, preparing evidence and presenting your case to the Supreme Court.
- Protecting Your Loved One’s Wishes
We work with you to understand the likely intentions of your loved one and ensure the Statutory Will reflects their desires.
- Minimising Family Disputes
Legal certainty reduces the risk of future conflicts related to the estate.
Contact CLO Lawyers Today
