Statutory Will

A statutory Will is a Will that the Supreme Court authorises on behalf of someone who lacks testamentary capacity — for example a person with severe dementia, an intellectual disability or a brain injury. The court tries to make the Will the person would likely have made if they had capacity, considering their relationships, prior wishes and circumstances. It is a powerful tool to prevent an unfair outcome under the rules of intestacy, or to update an outdated Will, when the person can no longer act for themselves. Anyone with a proper interest, such as a family member, can apply.

Statutory Will applications are typically used after a large compensation payout, a late-life remarriage, or where a relative has been improperly excluded or favoured. Example: After a young man received a multi-million-dollar injury settlement but could not make a Will, his parents applied for a statutory Will so his estate would not pass entirely under the intestacy rules. Every state and territory has statutory Will provisions, but the court's approval is required and the process needs evidence about the person's likely wishes.