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Court of Protection
Statutory Wills -
What should you consider?
A Statutory Will is a Will that the Court of Protection can put in place for a person who’s lost the capacity to make a Will themselves.
Statutory Wills are also required if the person has a Will but it is out of date or there’s been a change in their circumstances.
When can Statutory Wills be made?
There are many situations where a Statutory Will may be necessary, such as:
The vulnerable person hadn’t made a Will before they lacked capacity
A change in the Will is needed
The beneficiaries in the Will have died and there are no arrangements for replacements
The vulnerable person has high value assets
Tax planning reasons
A change in value of the assets
Determining when a Statutory Will is necessary can be a complicated and sensitive process. This is why it makes sense to seek expert legal advice before you apply to the court.
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Popular questions about
The application to create a statutory will is usually made by someone acting as a Court of Property Deputy for the person for whom the will is being made. However, if an adult made a Lasting Power of Attorney (LPA) before losing capacity and it has been regsitered, then their Attorney can make the application.
Other people can make an application for statutory wills, but may need the permission of the Court to do so.
The Court of Protection helps people who don’t have the mental capacity to manage their own affairs. It has the power to make decisions for people about their money, property, health or welfare.
This may be the case for a couple of reasons:
- The person didn’t make a Will while they still had the capacity to do so
- The person did make a Will, but a change in circumstances, such as the death of a major beneficiary to that Will, requires the Will to be amended.
Our Statutory Will lawyers have the experience to help you consider all of the implications and sensitivities that surround the creation of Statutory Wills.
We are also here to guide and advise you throughout the process, from completing the initial forms to seeking approval of the Will by the court of protection.
You might want to challenge a proposed Statutory Will if you’re worried that:
- It doesn’t reflect what the deceased would have wanted
- The financial deputy is not acting in the person’s best interests
- The person has capacity to make their own Will.
We’re experienced in dealing with disputes over Statutory Wills.
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If a person lacks the mental capacity to understand and execute a Lasting Power of Attorney and has not signed any previous power of attorney, or if an existing power of attorney they have in place, is no longer valid it may be necessary for a Deputy to be appointed.
Disputes can often arise in an application for a Deputyship Order where another relative disagrees with the proposed appointment, typically where there are concerns about the potential conduct of that applicant if appointed as a deputy.