Statutory Wills
What is a statutory will and when are they necessary?
A statutory will is made by the Court of Protection, on behalf of someone who does not have the mental capacity to do so.
This could be for a variety of reasons, for example, if someone has lost mental capacity before making a will, or they have made a will but it’s years out of date and does not accurately reflect their wishes. It could also apply to someone who has suffered a serious brain injury or illness, meaning they are unable to make a will.
In these circumstances, it is possible to make an application to the Court of Protection to make, or change, a will on behalf of someone else.
What is the process of obtaining a Statutory Will?
The application process is quite detailed and can take some time to complete. It requires you to submit various forms to the court, detailing the person’s personal circumstances, their family arrangements, details of their finances, details of any former wills, and more.
In addition, you may be required to notify certain people of what you are doing, such as the person’s family or the beneficiaries of their existing will. It may be necessary to attend a hearing at court to discuss the application in person.
An application to the Court of Protection can be complex and time-consuming, and we would always advise that you seek advice before doing so.
Our wills and probate solicitors in Sheffield and Doncaster are here to help guide you through the process.
For more information, download one of our helpful guides or call our team of solicitors in Doncaster and Sheffield to discuss further – 0114 272 1884 (Sheffield) or 01302 341414 (Doncaster).
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