Statutory Wills FAQs

The terms of a statutory will are approved by the Supreme Court in circumstances where a person does not have legal capacity to make a will themselves.  

 

A statutory will might be required for a person who has suffered a head injury or stroke or has dementia.  The Court can also approve a statutory will for a child, who does not have legal capacity to make a will simply because of their age.  A statutory will need only be considered if:

 

 

You need to apply to the Supreme Court.  Extensive evidence needs to be put before the Court about the person’s assets and what their intentions are likely to have been if they had the capacity to make a will themselves.  Affidavits from family members and friends might be necessary.

 

This will depend on the complexity of the application, whether there are family members or other people who oppose the application or think they should be provided for, the nature of the family relationships, the attitude of the person’s attorney or administrator and many other considerations.

 

Before you decide to apply, we will discuss what will be involved and provide an estimate of the likely costs. We will also discuss how we will charge for our services.

 

Our costs will be reasonable – we will discuss them with you in detail before you instruct us to act on your behalf and will enter into a Costs Agreement with you.  We strongly recommend you seek independent legal advice about the Costs Agreement before you sign it.