---
title: "Apply for a court-authorised will for a person without testamentary capacity"
url: "https://ailawframework.com/practice/elder-law-and-powers-of-attorney-guardianship/apply-for-a-court-authorised-will-for-a-person-without-testamentary-capa"
type: "task"
site: "AI Law Framework"
id: "A18-Y20261018-7"
practice_area: "Elder Law & Powers of Attorney / Guardianship"
tier: "red"
lawyer_review: "required"
last_reviewed: "2026-10-22"
---

# Apply for a court-authorised will for a person without testamentary capacity

> From the person's records, previous wills, medical reports and family information, build a checklist of the information the court requires for leave, an estate schedule, a table of people who might claim on intestacy…

Canonical page: https://ailawframework.com/practice/elder-law-and-powers-of-attorney-guardianship/apply-for-a-court-authorised-will-for-a-person-without-testamentary-capa  
Last reviewed: 2026-10-22

Site index for agents: https://ailawframework.com/llms.txt

## Key facts

| Fact | Value |
| --- | --- |
| Practice area | [Elder Law & Powers of Attorney / Guardianship](https://ailawframework.com/practice/elder-law-and-powers-of-attorney-guardianship.md) |
| Human involvement | Red: Lawyer writes; AI may check, clarify or collect data |
| How AI is used | From the person's records, previous wills, medical reports and family information, build a checklist of the information the court requires for leave, an estate schedule, a table of people who might claim on intestacy or for provision, and an index of the evidence. The tool writes nothing in the draft will, the application or any affidavit. |
| What the lawyer must review | Decide whether to apply and the terms of the proposed will, prepare the draft will and the evidence of incapacity, wishes, the estate and potential claimants, and conduct the leave application and the application for the order. |
| Written for / versions | 1 jurisdiction versions below |

## Checking plan

**Lawyer-led judgement**

The lawyer makes the substantive assessment. Any permitted AI assistance remains supporting work with its own checks.

- What the AI does: From the person's records, previous wills, medical reports and family information, build a checklist of the information the court requires for leave, an estate schedule, a table of people who might claim on intestacy or for provision, and an index of the evidence. The tool writes nothing in the draft will, the application or any affidavit.
- What the lawyer does: Decide whether to apply and the terms of the proposed will, prepare the draft will and the evidence of incapacity, wishes, the estate and potential claimants, and conduct the leave application and the application for the order.
- Who reviews: Responsible lawyer with competence in the matter
- Basis: Practical workflow informed by the linked primary sources; the traffic light and working checks are editorial guidance, not a court classification.
- Why: The level reflects what the work is, the consequence of an error, and how much of the output the lawyer must independently re-derive.
- Restriction: The lawyer makes the substantive assessment. Any permitted AI assistance remains supporting work with its own checks.

## Checks the lawyer makes

1. Confirm the instructions, the jurisdiction and the complete relevant material before starting.
2. Check the checklist against every item of information the legislation requires for leave.
3. Check the estate schedule against current statements and title searches.
4. Confirm no sentence produced by the tool appears in the draft will, the application or the evidence.
5. Check the output against the source documents named in it before it is relied on.

## Notes

- These are suggested working checks. Confirm the required checking with the responsible lawyer before work starts; the checking approach does not establish permission to use AI.

## Sources

- [Succession Act 2006 (NSW) ss 18-19](https://legislation.nsw.gov.au/view/whole/html/inforce/current/act-2006-080) (checked 2026-10-18)

## Jurisdiction versions

| Jurisdiction | Level |
| --- | --- |
| [United States](https://ailawframework.com/practice/elder-law-and-powers-of-attorney-guardianship/apply-for-a-court-authorised-will-for-a-person-without-testamentary-capa/united-states.md) | Red |

*Practice guidance for planning and review. Confirm current primary sources and the requirements of the actual matter. This is general information, not legal advice.*