This is the fifth in our series of articles on the uncertainties of death.

Myth – a person without capacity is no longer able to update their affairs.


It is not widely known that a court can make a Will for a person who has lost capacity.

A “court made” Will might be required where:

(a) a person has dementia and their current Will is no longer appropriate; or

(b) they have no Will and their estate would pass to unintended beneficiaries.

Before making any Will, the court must be satisfied:

(a) the person applying is the appropriate person to do so; and

(b) of the intentions of the incapacitated person.

The court requires information including details of the size and nature of the person’s estate and a draft of the proposed Will.

As the Order of the court must be made prior to the incapacitated person passing away, an application may need to be made urgently.

A court made Will can be very useful to ensure an incapacitated person’s estate planning is appropriate.