NSW Validity of will made by a non-competent

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Knightmare

Well-Known Member
17 February 2016
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My brother has been allocated an enduring POA. He's had numerous run-ins with the law and suffers delusions, and has been under the care of numerous psychiatrists.

For a will to be valid the person making the will must be legally competent. It would seem then that any will made will not be upheld in law and any assets would default to immediate kin?

Under what circumstances can a will be disqualified on the grounds that the person making the will is not competent? That is, what qualifications are required?

Tks