Urgent Wills

As Wills and Estates lawyers, we’re often approached by individuals – or their loved ones – needing an urgent Will.

This usually happens after a recent diagnosis, a serious illness, or even a terminal condition.

In these situations, we may need to ask more probing questions than usual or require additional steps to ensure the Will is valid.

Why Capacity Matters

Before a Will is signed, we have a professional duty to ensure that the person making it:

• is acting voluntarily,
• understands what they are doing, and
• can give proper and lawful instructions.

If a Court later decides the person did not have capacity, the Will can be set aside. That could mean an earlier Will takes effect – or worse, that the strict laws of intestacy apply. Either outcome could lead to results that the Will maker never intended.

What Happens if Capacity Is in Question

Normally, a lawyer will assume that a person making their Will knows what they’re doing. But if there are warning signs, we may need to take extra precautions. Warning signs include if the Will maker:

• is under significant stress,
• appears disoriented or confused,
• misses scheduled appointments,
• changes or contradicts their instructions,
• struggles to recall key assets or important details, or
• has a medical condition or is on medication that affects decision-making.

In those circumstances, as part of our duty to the client and the law, we may:

• interview the Will maker alone,
• ask open-ended questions and allow enough time to ensure they understand their estate plan,
• request a medical certificate regarding capacity (while not conclusive, it can be helpful), or
• in rare cases, apply to the Court or QCAT for a formal declaration of capacity.

Making Time Now Saves Stress Later

Don’t leave your Will until the last minute. While sometimes there’s no choice, too often a health crisis forces people to act urgently—and by then, it may be too late.

Next Steps

Creating a clear, up-to-date Will is one of the most important steps in estate planning. If you already have a Will, it’s essential to review it regularly. Good times to revisit your Will include:

• after major life events (marriage, divorce, birth of a child, new assets), or
• every five years, to ensure it still reflects your wishes.

We’re Here to Help

Preparing a Will is one of the most powerful ways you can protect your family and your legacy. Our experienced Wills and Estates team will guide you through the process, ensuring your wishes are properly documented and legally sound.

Action:  Don’t leave your estate to chance. Contact us today for tailored advice and help with drafting or updating your Will.

Related posts:

What should you do if there is not enough money in an Estate? Do you have a Will? and What happens if you don’t? Superannuation and Your Will: How to gain certainty around protecting your loved ones