Statutory Wills

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If you require assistance when creating a statutory Will on behalf of someone else, our specialist Wills, Probate, Tax and Trusts team at Forbes Solicitors can be of assistance. Having a valid Will is essential and it's required that you seek legal assistance when dealing with the complexities of the Court of Protection.

What is a statutory Will?

A statutory Will is made on behalf of an individual who 'lacks mental capacity', as determined by a medical professional, and authorised by the Court of Protection. If a person is unable to make decisions for themselves, the Court of Protection can approve the creation of a statutory Will on their behalf.

When will a statutory Will be required?

The person in question may suffer from dementia and is unable to consult a solicitor themselves to create a Will, or they may have suffered from a brain injury causing them to require assistance when dealing with certain matters; in these cases a statutory Will application may be necessary. The individual may have expressed their wishes before they lost mental capacity and is no longer able to relay instructions to a solicitor, in which case a statutory Will may be necessary if changes to an existing will are needed, or if no will yet exists.

The Court of Protection may issue a statutory will if:

  • There is no Will in place for the individual who lacks mental capacity
  • The estate listed in their existing will has decreased in value and therefore needs amending
  • The estate listed in their existing will has increased in value
  • Additional changes need to be made to the existing Will
  • Tax planning needs to take place in accordance to the contents of the Will
  • Circumstances involving the beneficiaries have changed

How is a statutory Will made?

A Will cannot be executed by a Deputy or an Attorney without consent from the Court of Protection, in which case a solicitor may be required to assist with the application. Certain requirements for the application include details such as:

  • Medical evidence that the individual lacks mental capacity and is unable to make decisions for themselves
  • Any relevant background information in relation to the individual that may influence the application
  • Details about the assets to be included in the Will
  • If applicable, a copy of any Wills that have been made prior to the one in question
  • Details about possible tax implications that are involved with the Will
  • A completed draft of the intended Will

How Forbes Solicitors can help you

Seeking legal assistance when consulting the Court of Protection is highly recommended in order to ensure the validity of a person's Will. If you require legal advice in regards to statutory Wills, the Wills, Probate, Tax and Trusts solicitors at Forbes Solicitors have the right expertise and knowledge to help you through the process. Get in touch with us today using our online form or by calling freephone 0800 689 3206.

14 Jan 2019

Wills, Probate, Tax & Trusts


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