It’s never too late to make a Will.
It is widely known that a person must have the requisite “capacity” to make or change his or her own Will.
A person may lose capacity, but their circumstances will continue to change. What if their old Will is no longer appropriate, but they don’t have capacity to change it themselves?
Until a few years ago, there was little we could do.
The Succession Act now offers a solution: the Court can step in and make a new Will or alter an existing Will for a person who is still alive but does not have capacity using a “Court authorised” or “Statutory Will”.
The Court must be satisfied that the person would have made that alteration if they could and it is appropriate in all the circumstances.
Children can not make a will until they’re adults. However, it may be necessary for a child to make a will. This is typically when they have a substantial estate and it is appropriate that it go to their parents, a parent or sibling depending on the circumstances.
If a disabled person has never had the capacity to make a will it may be appropriate they have a will. A court can make a will when, on their death, it would be inappropriate for their estate to fall under the intestacy rules, perhaps to someone who caused their disability.