An unusual instance of the creation of a statutory will was reported recently, when an application for a statutory will was granted to the daughter of a woman who had suffered a stroke. The applicant’s two half-siblings were found to have forged an enduring power of attorney for the woman and there was doubt over her mental capacity following the stroke, after which she created a new will.
Normally, where a will is in existence, the courts will not impose a statutory will and in this case two previous applications by the daughter had been rejected. A third application was granted, however. Having taken into consideration all the relevant circumstances, the court concluded that the creation of a statutory will was in the best interests of the woman.
It is clear that in this case the doubts surrounding the existing will were so substantial that the normal reticence of the courts to get involved in such disputes was overcome.