Can a person without capacity have a will made for them?
If a person does not have testamentary capacity, that is the mental ability and understanding to make a will, the Court has the power to make a Will for that person.
What if a person makes a will beforehand and later loses the ability to change it due to mental impairment?
Consider the following scenario.
A person has made a will which leaves all their assets to their spouse. A few years later this person permanently separates from their spouse but forgets to amend their will. Some time later they become mentally impaired and they will no longer have the capacity to alter their will. [...]
