Who Can Apply for a Court-Ordered Will and What Are the Legal Grounds?

When applying for a court-ordered Will in Perth, it is necessary to acknowledge who can apply and the legal principles behind it. Statutory wills or court-ordered wills are mechanisms through which the Supreme Court of Western Australia can make or alter a will for an individual who is not able to do so by himself or herself.
Regardless of whether for illness, injury, or even lack of legal capacity, the process makes sure that the Will is aligned with the intentions of the owner.

Therefore, seeking advice from wills lawyers in Perth, WA, is paramount since such matters involve strict legal conditions and elaborate documentation.

Who Can Apply for a Court-Ordered Will?

Western Australian law makes it possible for a variety of individuals to apply for a statutory will on behalf of another. Such applicants may be:

• A spouse, partner, or close relative
• Anyone who has a proper interest in the distribution of the estate, e.g., a beneficiary or close friend
• The legal representative of the person

Applications are generally made to the Western Australia Supreme Court, which will determine if the application is in the individual’s best interests. If you’re thinking of updating your will in Perth, this process serves to emphasise the need to keep your estate arrangements up-to-date while you still have capacity.

Legal Grounds for a Court-Ordered Will

The Court has this power exercised with care to ensure it is always in the best interest of the individual without capacity. The following are the principal legal grounds taken into consideration:

1. Lack of Testamentary Capacity

The key requirement is that the individual does not have testamentary capacity. Testamentary capacity is the legal capacity to comprehend:

• The nature and consequences of making a will,
• The scope of their property,
• The interests of those who may have a reasonable expectation of benefiting, and
• How these interests apply to the division of their estate.

Individuals with disorders such as dementia, Alzheimer’s disease, acquired brain injuries, intellectual disability, or severe mental illness are usually in this group. Medical proof, in the form of a neurologist’s or psychiatrist’s report, is needed by the Court to establish incapacity.

2. No Will in Existence or an Obsolete Will

If the individual never made a will, their estate would otherwise be dispersed in accordance with Western Australia’s laws of intestacy under the Administration Act 1903 (WA). Intestacy leads typically to results that might not be what the person wanted, for example, the exclusion of long-term partners or stepchildren.

The Court may also intervene and make a new will in case the person had a will which no longer represents their current situation, as was the case with marriage or divorce, estrangement, or a modification in wealth. Unless these are addressed at an early stage, inheritance problems can get costly and emotionally exhausting, and frequently, therefore, result in disputing a will once a loved one has passed away.

3. Probable Wishes of the Person

The Supreme Court will try to figure out what the person would have wished for had they been capable. Evidence towards this would be:

• Discussions with a spouse or friends,
• Previous wills or drafts
• Written notes or letters,
• Gift-giving patterns or financial assistance,
• Long-standing family connections or commitments.

This “substituted judgment” method is what guarantees that the statutory will respects the person’s wishes and not merely disperses assets per se.

4. Protection Against Future Disputes

Another primary legal reason is the avoidance of family provision claims or disputes on death. If a vulnerable person dies with no will or with an old one, dependants or family members could subsequently contest the division of the assets, giving rise to time-consuming and expensive litigation. The Court thinks about whether a statutory will would reduce the risk of disputes over the estate and provide a clear plan of division.

Conclusion

Asking for a statutory will in Western Australia is an essential legal solution where the loved one cannot do their own estate planning. Such a process demonstrates dedication by the Court to equity, protection of vulnerable persons, and what the individual would have wished to have happened.

If you or a loved one requires advice on applying for a court-ordered Will in Perth, get professional guidance as soon as possible. Qualified wills lawyers in Perth WA, are well-equipped to assist, guiding you through this entangled procedure and gaining comfort for the future.