A Will Lawyer’s Advice relating to Capacity to make a Will
Can a person without capacity have a will made for them?
If a person does not have testamentary capacity, that is the mental ability and understanding to make a will, the Court has the power to make a Will for that person.
What if a person makes a will beforehand and later loses the ability to change it due to mental impairment?
Consider the following scenario. A person has made a will which leaves all their assets to their spouse. If a few years later this person permanently separates from their spouse and forgets to change their will and some time later they become mentally impaired, they will no longer have the capacity to alter their will. If this person were to die, their previous spouse would receive all their assets. No assets would be given to the person’s children or other important people that the person would have intended to have mentioned in their will if they had the capacity to change it.
However, this unjust result may be avoided by having the Court authorize a will for the mentally impaired person that reflects the situation regarding the breakdown in marriage.
For further information, contact a Will Lawyer at Matthews Folbigg on 9635 7966
