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ARTICLE · 11 NOVEMBER 2015

Making a will for a person lacking capacity - a statutory will

The Supreme Court of a state or territory has power to make a will (a statutory will) for a testator without capacity.

AustraliaFamily and Matrimonial

All adults with capacity to do so should plan their estate and make a will for distribution of their estate according to their wishes, ideally in a manner which avoids disputes, adverse tax consequences and other difficulties.

To make a valid will in Western Australia, a testator must generally:

  • be at least 18 years old;
  • sign the will in the presence of at least two witnesses, or direct another person to sign it in the testator's name in the presence of the testator and two witnesses; and
  • have the witnesses attest and subscribe the will.

But what about:

  • An adult who loses capacity later in life without having made a will, or if there is a change of circumstances which would usually justify changing their will?

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