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.
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.
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:
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:
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. Alternatively, if you have a contesting a will claim, contact us by using our online form. Get in touch with us today by calling freephone 0800 689 3206.
25 Jul 2018
Contesting a Will