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Confusing, overwhelming, and even unjust; this is how court-ordered wills can feel. This is very true when dealing with stressful family dynamics or if you are mourning the passing away of a loved one. If you find yourself in a dilemma as to how the court-ordered will may affect your rights, the first step toward gaining peace of mind may lie in understanding the workings of the Australian law and consulting a trusted lawyer.
A court-ordered will is a will made or directed by a court in Australia when an individual is unable to make a will legally. These are popularly known as statutory wills.
In case of a person lacking mental capacity because of dementia, brain injury or severe illness, the courts may intervene, but still need a valid will to reflect what they would have wanted if capable.
State and territory laws control this process. As a result of this, the specifics of the rules may slightly vary according to the location of the place of residence. For example, court ordered wills in WA may differ from those issued in NSW.
A court does not make a will lightly. There must be strong reasons and clear evidence that intervention is necessary. Common situations include:
The court’s role is not to decide what is “fair” to family members, but to determine what the person likely intended.
Not just anyone can apply. Australian courts limit applications to people who have a legitimate interest in the estate. This may include:
Each applicant, with the help of an estate planning lawyer, must show why the application is necessary and how it reflects the person’s likely wishes.
Yes, it can. In case the court finds an existing will is not an accurate reflection of the likely intentions of the person, it may:
This is often one of the key causes of conflicts, particularly when certain family members are excluded or feel surprised about the result.
Court-ordered wills are quite different and are commonly mistaken for family provision claims. Key differences include:
It is essential to know which process is applicable to your case, and estate planning lawyers Perth can help you avoid making expensive mistakes.
If you are named, removed, or affected by a court-ordered will, your rights depend on timing and circumstances.
You may be able to:
You must remember that there are strict time limits that you need to follow, and delays can weaken your position.
Court-ordered wills involve complex legal tests, medical evidence, and emotional family dynamics. Attempting to navigate this alone can lead to serious consequences; therefore, it is essential to hire estate planning lawyers in Perth.
A lawyer can help you:
Even a short consultation regarding a court-ordered will Perth can clarify where you stand.
If you think a court-ordered will may affect you or you’re considering applying for one, take action early.
Helpful steps include:
Waiting too long can limit your options, so get legal advice from the best estate planning lawyers as soon as possible.
Court-ordered wills are created to defend vulnerable individuals, but often result in confusion and disagreement among the left behind family members. In case you do not know how one applies to your situation, it is a risk to guess or follow the suggestions of relatives.
The law of succession is very specific in Australia, and each case is dependent on facts. Talking to a court-ordered will lawyer Perth will guarantee that you know your rights, responsibilities, and subsequent actions before the court’s decisions are locked in.