A court ordered will is a will which is made on behalf of an individual who does not have the mental capacity or proper ability to take their own decisions which can be beneficial for themselves. Since the year 2006, all the states of Australia and their territories have introduced some laws permitting the courts that a will made for the deemed persons lacking proper testamentary capacity to be properly made, altered or revoked as suitable for the individual. This is surely a pretty complex area in the legal system and also very difficult to understand. Taking legal help will be a wise move.
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According to the context of the creation of the will court ordered wills can be divided into three categories:
1. If an individual used to have proper mental capacity but later lost it for example due to some particular incident that damaged a part of their brain then the will that the individual had made earlier may not be valid after they lost their proper mental capacity. This is known as Lost Capacity.
2. Nil capacity can be explained if a person had some problems related to the mental capacity from the birth and could not be cured then the individual may not hold the required capacity to make a will
3. If an individual did not have proper mental capacity but once in their life was responsible enough to express their reasonable wishes properly to form a particular relationship that had reflected in the will authorized by the Court. This is termed as Pre-Empted Capacity.
When an individual does not have any valid will on their name then each state has different laws about how their estate should be administered. These rules are basically known as intestacy rules. Often the rules of the intestacy about the distribution of the estate are not appropriate and may not go as far the wishes of the deceased individual.
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