Have the circumstances of someone close to you changed since they last made a Will? Do they even have a Will at all? Are you worried they don’t have the capacity to communicate their wishes or changed preferences?

A Statutory Will can overcome many of these issues and on application, the Supreme Court of Australia can authorise the making, alteration or revocation of a Statutory Will on behalf of another person.

For the Court to do this, it must be satisfied that the individual lacks testamentary capacity to act on their own behalf, that the new Will (or suggested alterations to an existing Will) would reflect the individual’s intentions and generally whether the proposed terms are reasonable in all the circumstances.

You can apply for a Statutory Will to be granted on behalf of an individual if the Court is satisfied you have a genuine and proper interest in the matter and are an “appropriate person” to make the application.

If you feel that this may be applicable to your loved one, we can help you through the process. Contact Eleanor or Stefania at Adelaide Legal now on 08 8410 9294. 

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