A Statutory Will

A statutory will is a will that has been made by or on behalf of a person that doesn’t have legal capacity to make a will, and that will gets validated by the Court because the judge has been persuaded that the will-maker would have made that particular will if they did in fact have capacity.

A statutory will is typically very similar, if not identical in form, to a simple will except it will be drafted in accordance with Court Orders, a copy of which should be attached to the will itself.

A person may be a candidate for a statutory will if they are likely to have assets when they die but the law does not allow them to make a will, meaning the rules of intestacy apply. However, application of these rules could result in the assets going to people who the will-maker would never have reasonably expected to receive a benefit.
A person may be a candidate for a statutory will if they are under the age of 18 years and have come to own substantial assets either by receiving an inheritance or by generating their own income.
A person may be a candidate for a statutory will if they have an intellectual disability and are likely to receive substantial assets by inheritance or by receiving compensation payment by winning a negligence claim or due to abuse.
A person may be a candidate for a statutory will if they have substantial assets (or are likely to inherit substantial assets) and they have lost capacity through dementia.

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