WA Is Relative Capable of Writing His Will While Under Guardianship?

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guardianswa

Member
4 February 2017
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Hello,

I have a question regarding a close relative. He has been declared incapable of managing his finances due to a mental health illness and his sister is has guardianship. Their relationship has unfortunately deteriorated over the years.

One particular thing that I want to ask about is whether he can write a will under his current circumstances and have it be valid upon his death. He wants to leave most of his estate to his son, but part of it to the mother of said son to which his guardian simply told him "no", meaning she will give all of it to the son.

This seems wrong to me. Is there anything that can be done about it?

I do not live in Australia myself and have no contact to his sister so it's difficult to get involved directly.

Thanks in advance.
 

Hayder Shkara

Lawyer
LawConnect (LawTap) Verified
16 January 2017
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25
454
Sydney, NSW
www.neatlaw.com.au
Very tough situation. At this stage - because of the determination that he is unable to manage his finances - anything he tries to do will be almost certainly disregarded.

If the estate is worth a significant amount - go with the above and try and kick her off as guardian. If not - you're gonna be banging your head against the wall trying to get anything done to POSSIBLY get a will made up that if challenged will almost certainly be thrown out.

Wouldn't the son be giving money to his mother anyway?
 
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