If you have a loved one who is unable to make a valid Will because they lack “capacity”, perhaps due a medical condition (such as dementia) or, as a result of a serious accident causing brain injury, it is possible to make an application to the Court of Protection to make a “Statutory Will”. The benefit of making a Statutory Will is that the consequences of your loved one’s property and assets passing under the Intestacy Rules on their death (which would mean that their wishes may not be given effect to) can be avoided. This is because the Court will investigate your loved one’s past and present wishes, their feelings, beliefs and values, and other factors that they would have been likely to have considered if they had not lost capacity.
An application for a Statutory Will can also be made to replace an existing Will which is thought to no longer represent the person’s wishes.
In rare cases, family members may disagree with each other as to the terms to be put in to a Statutory Will. The Court of Protection provides for the views of all interested parties to be discussed before coming to its decision.
How can we help?
The process for applying for a Statutory Will is far from straightforward and is not to be undertaken lightly. Whether you are a family member of a person who is unable to make their own Will or whether you are an interested party to an application brought by someone else, we can help by providing all the advice and assistance you need to guide you through this complex and, sometimes, highly emotional, process.
If you need advice on making an application to the Court of Protection for a Statutory Will (or if you are thinking about opposing such an application) but you aren’t sure what to do, let us give you the answers. Contact us today for an informal, no-obligation, chat or to arrange a Free First Consultation.