STATUTORY WILLS & THE COURT OF PROTECTION
It is frequently said that the only certainties in life are death and taxes. However, many people still delay making a Will and therefore, do not have provisions in place for what would happen to their Estate on death.
Although a lot of us assume that making a Will is a task we will complete at some stage, there may not be that opportunity if you were to lose capacity.
Unfortunately, this is the situation for many people who have lost capacity and as a result, their assets will pass according to the rules of intestacy when they die. This may not be a problem in some cases as their Wills may have named the same people as beneficiaries anyway. However, in other situations, this may be completely against what the individual may have wanted.
This is when we would need to consider a Statutory Will.
Statutory Wills are drafted on behalf of a person who has lost capacity and an application is made to the Court of Protection to authorise the Will.
Although the Court of Protection apply a high threshold when deciding whether to accept an Order for a Statutory Will, it should still be considered if you know that your loved one’s wishes would not be fulfilled because they do not have the capacity to make a Will for themselves.
Please feel free to contact our please feel free to contact our Wills, Probate, Inheritance and Trusts Team, based in our Rayleigh (BTMK Todmans) and our Leigh-on-Sea (BTMK Goodson) offices for more information on Wills and Statutory Wills.