Emergency Wills made by court
Coma & Dementia Wills
If a person loses “testamentary capacity” they would ordinarily be prevented from making or changing their will unless and until they regain the mental facilities to do so.
This means for someone with no will, their estate would upon their death, be distributed according to the rules of intestacy.
And for someone whose family circumstances have changed since making their will, their estate would be distributed in accordance with the will without any consideration to the change in family status of named beneficiaries.
A Supreme Court judge can however be asked to approve the terms of a will or changes to an existing will for someone whose physical condition prevents them from doing so themselves, including for people who can’t do so because of a crisis or other emergency situation in which they are placed.
Preparing a court application for such a will (be it as a result of a coma or dementia or another reason), gathering supporting evidence, preparing supporting affidavits and hearing of each party’s arguments – often all crammed into a 48 hr period due to the patient’s medical emergency – is a highly intensive exercise.
Contact us online or call 1300 580 413 today to confidentially discuss any queries you may have about an application to the court for such Coma & Dementia Wills. We can assist as urgently as may be required.