If you are a Deputy or Attorney for someone who has lost mental capacity then you may be able to apply to the Court of Protection to write a Will for them. This possibility may also be available to you if you are likely to be a beneficiary of the estate.
In order to make a Will a person must be able to understand what they are doing, they need to be able to consider who they should maybe include in their Will and be aware of the size and nature of their estate. If a person does not understand these issues then they will be unable to make a Will or make changes to an existing document. In these circumstances an application can be made to the Court of Protection for a Statutory Will.
A Statutory Will can ensure that as far as can possibly be known a person’s estate will be distributed in accordance with their wishes. Statutory Wills can also be used for tax planning purposes.
In order to apply for a Statutory Will medical evidence will be required and a number of forms and statements completed. The Court of Protection will decide whether the Will is appropriate and all relevant people have been given the opportunity to comment.
We, as professional Deputies for a number of our clients, regularly apply for Statutory Wills; we are therefore experienced and able to help you with advice and practical assistance in this complex area.
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