Having a valid Will is essential and our expert solicitors can assist you in dealing with the complexities of the Court of Protection.
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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: