As the Court Wills
Law Institute Journal, Vo, 83, No. 10, p. 36, 2009
Monash University Faculty of Law Legal Studies Research Paper No. 2010/02
6 Pages Posted: 10 Sep 2010 Last revised: 16 Sep 2010
Date Written: 2009
Abstract
People who make, amend or revoke testamentary dispositions must be able to understand the nature and effect of those dispositions. People who lack this capacity may regain it, sometimes even temporarily, and make a valid will. But many people never regain testamentary capacity, while others may never possess it. The Wills Act 1997 (Vic) (the Act) enables the Supreme Court to make, amend or revoke a will on behalf of people who lack testamentary capacity. This jurisdiction provides an important means to manage the testamentary affairs who cannot do so themselves.This provides certainty when people are unable to manage their own affairs.
Keywords: Wills Act, wills, intestate, testate, court jurisdiction, probates
JEL Classification: K00, K10, K11, K12, K19, K39
Suggested Citation: Suggested Citation