Home » Statutory Wills – what are they and who can make one?

Written by: Scott Lorback

A well-drafted Will is essential to ensure your assets are carried out after you pass away. However, some people simply lack the capacity to create or update a traditional will. In those cases, the Supreme Court can make a Will on behalf of an incapacitated person. This is known as a statutory Will. The Court does not make a statutory Will lightly though; judges need to be satisfied that the incapacitated person’s intentions are reflected in the proposed Will, that a Will is necessary in the first place, and that the effect of the proposed Will is reasonable and fair. Convincing a judge to make the Will requires carefully drafted court documents and comprehensive evidence. Expert legal advice and guidance is critical to the chances of success.

Who Can Make a Statutory Will?

Statutory Wills are made on behalf of individuals who lack the mental ability or capacity to create a valid will themselves. This typically includes individuals suffering from conditions such as dementia, mental illness, or severe cognitive impairment. Family members, carers or close friends can make an application to the court on behalf of the person in need of a statutory will.


Advantages of seeking professional assistant

While it is possible to make an application for a statutory will independently, seeking professional legal services offers several advantages:

  • Expertise: Engaging experienced succession lawyers ensures that your statutory Will enquiry is handled with knowledge and precision. They have a deep understanding of the legal complexities involved and can guide you through the process.
  • Tailored Solutions: There are often other, more cost-effective solutions than applying for a statutory Will. An experienced legal professional can discuss all options and help with the most appropriate means to overcome the issues.
  • Court Representation: Legal professionals will ensure that all necessary material is drafted and filed correctly and that sufficient compelling evidence is submitted in support of the application for a statutory Will.
  • Avoiding Disputes: Professional legal services can help minimise the likelihood of disputes arising from the statutory will. This helps safeguard the incapacitated person’s wishes.

Get in touch

When circumstances prevent individuals from creating or updating their own Wills, statutory Wills serve as a valuable legal tool. At Greenhalgh Pickard, our team of Estate Solicitors can efficiently provide the expertise and support necessary to navigate the complexities of the process.



Greenhalgh Pickard’s Wills and Estate Lawyers Sunshine Coast



The information contained in this article is for general informational purposes only and is not intended to provide legal advice or substitute for the advice of a professional. This information does not consider your personal circumstances and may not reflect the most current legal developments. Should you need advice, please contact our firm for targeted information relating to personal your situation.