If someone is unable to make a will, because they lack the necessary testamentary capacity, then it is possible for the Court of Protection to order someone else to make a will on their behalf. This is known as a “Statutory Will”.
The terms of that Statutory Will must be approved by the Court. An attorney or deputy does not have the authority to make a will for a person lacking capacity without court approval.
If you are worried that the current will or intestacy of someone lacking mental capacity does not reflect how they would want their estate to pass on their death then you may want to consider making a Statutory Will application.
We can assist you with:
- The necessary pre-application investigations
- Obtaining the required medical evidence about capacity
- Drafting the proposed will
- Preparing your witness statement in support of the application
- Completing the application forms
- Dealing with any responses to the application
We can also advise you if you have received a Statutory Will application and have been asked to respond.
If the parties to the application do not agree about the terms of the proposed Statutory Will our specialist Court of Protection disputes team can advise you further.
Please do not hesitate to contact us if you would like to discuss this further.