What is a Court ordered Will?

Aug 2, 2023 | Publication

In New South Wales, the Court may make an order authorising a will to be made or altered in specific terms approved by the Court on behalf of a person who lacks testamentary capacity.

The Court may also make an order authorising a will or part of a will to be revoked on behalf of a person who lacks testamentary capacity.

The Court cannot make any of the above orders unless the person in respect of whom the application is made is alive when the order is made.

The Court may also make an order on behalf of a person who is a minor and who lacks testamentary capacity.

A person who makes an application for a Court ordered Will must obtain the leave of the Court.

In applying for leave, the person must unless the Court otherwise directs give the Court a written statement of the general nature of the application and the reasons for making it, satisfactory evidence of the lack of testamentary capacity of the person in relation to whom an order under section 18 of the Succession Act is made and other matters set out at section 19 of the Succession Act.

The Court must be satisfied about certain matters as set out at section 22 of the Succession Act.

For legal advice regarding the above provisions please contact McAuley Lawyers on 1800 180 500 or emailreception@mcauleylawyers.com.au

The information in this publication is of a general nature and is not intended to address the circumstances of any particular individual or entity. Although we endeavour to provide accurate and timely information, we do not guarantee that the information in this publication is accurate at the date it is received or that it will continue to be accurate in the future. We are not responsible for the information of any source to which a link is provided or reference is made and exclude all liability in connection with use of these sources. If you do not wish to receive newsletters from us, please let us know.

Latest Insights

Teacher convicted for failing to report sexual abuse of a child

Teacher, Mr Webb of Trinity College Perth, was unsuccessful in his appeal against his conviction of failing to report sexual abuse of a child in a decision delivered on 13 October 2021. In April 2017, a group of boys from the school went on a school rugby trip to...

Annual Dinner – Parramatta & District Regional Law Society

Western Sydney's legal profession gathered for the Annual Dinner of the Parramatta & District Regional Law Society at CommBank Stadium! We are particularly grateful to Dr Hugh McDermott MP, Parliamentary Secretary to the Attorney General, Senior Vice...

What compensation can I get if I have been injured at work?

If you have a work-related injury or illness, you may be able to claim compensation for lost income, medical expenses, travel expenses, domestic assistance, pain and suffering and permanent impairment. All employers are required to have workers compensation insurance...

Court makes provision for son left out of father’s Will

The recent Supreme Court of New South Wales decision of Rathswohl v Court  NSWSC 356, involved 3 siblings disputing their entitlements to their late father’s estate. The defendant, Yvette, claimed she cared for her father for the last 18 months before he...

If I die without a Will what can happen?

If you die without a Will there can be many unintended consequences. Some of these consequences may be: A person who you do not intend could control your estate.  This could even be someone you do not know.  An executor is a person who controls an estate...

10 Myths of Deceased Estates

Myth #1 – If I die without a Will it is no big deal. Truth:  It can be a very big deal.  There are lots of reasons for having a Will including controlling who is appointed as Executor, controlling who your Estate is paid to, appointing a Guardian for...

Unfair Contract Terms

Changes to the law relating to unfair contract terms come into effect on 9 November 2023. From this date, proposing, using or relying on unfair contract terms in standard form contracts will be banned. Penalties for breaches of the law will apply. The law has also...