Statutory Wills can be made if a person has
suffered from an illness or injury since birth, or if they lost capacity to make a Will.
What is a Statutory Will ?
To make a Will a person must have testamentary capacity, which means they must be able to understand what they are doing and why they are doing it. For many years a person who lacked the testamentary capacity to make a Will. In Queensland this would have his/her Estate pass to relatives, even if that may not have been their wishes.
In keeping with other Australian states, Queensland has now enacted provisions so that the Supreme Court can authorise a Will to be made, altered or revoked for someone without testamentary capacity.
To apply for a Statutory Will you first need to seek permission from the Court to make the application.
Madden & Co have successfully applied for Statutory Wills to be made, and we can help you with every step of the process