The role of Court Ordered Wills
For a Will to be created or amended, the Will-maker must have all of his/her mental faculties. There are certain circumstances when this is not possible. For example, a person with a brain injury or someone who has dementia may not be able to make a valid Will or update their last Will.
Court Ordered Wills are important because if a person dies without a Will, or is unable to update an old Will, this can lead to unfair outcomes.
Court Ordered Wills and children
The Court’s power to make a Will also extends to children. Ordinarily, a child cannot make a Will. But from time-to-time, we see tragic situations where it is necessary for the Court to authorise a child to make a Will. This might occur for example if a child has received a large inheritance or personal injury compensation payment.
If the child has little contact with one parent in particular, our advice might be that a Court Ordered Will should be sought for the child.