Making a Will is a priority. A Will ensures that when you die your estate passes to who you want, how you want. However, in order to make a Will, you must have the mental capacity to do so.
What happens if someone has lost mental capacity before making a Will, or they have made a Will but its years out of date and would not reflect their wishes?
What happens if someone has suffered a serious brain injury or illness which means they do not have the mental capacity 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 who is not mentally capable of doing this themselves.
The application process is quite detailed and can take some time to complete. The process 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… the list goes on.
In addition, you may be required to notified certain people of what you are doing, such as the person’s family or the beneficiaries of their existing Will. It may even 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 take advice on making such an application.
Our experts are here to help guide you through the process. Call us today to discuss your needs.
For more information, why not click the links below, download one of our helpful guides or call our team to discuss your problems in person on 0114 272 1884 or 01302 341414
Our team can help you with the following:
Very helpful and professional. Will use again. Kept us informed as things progressed.
Anonymous
Lauren and her support staff were really efficient and knowledgeable. Would highly recommend.
Mr Fairclough
I found the staff very pleasant and helpful. They helped me through things I wasn't sure about and replied to my messages promptly.
Anonymous
A very speedy and excellent service. Everything was explained and easy to understand. Catherine was very good and listened to us and answered any questions.
Anonymous
Met with Clare to instruct on renewal of existing will and instigate an LPA for future use, if required! Clare is a lovely lady who gave up a lot of her valued time to go through events as needed. Nothing was too much trouble and she did not rush over issues. Draft copies were returned for authoristation prompt also. Peace of mind is now in place. Thank you Clare for your services.
Anonymous
Following an appointment with Clare Wyett over the production of new wills and Lasting Power of Attorney, I would just like to add that Clare was very knowledgeable and gave us an excellent service with professional advice and input where needed, along with keeping us fully informed along the way. I would strongly recommend their services to anyone requiring professional legal help.
Mr & Mrs Thrustle
Clare gave me all the information regarding the making of my will. I am very satisfied with the excellent service I received.
Anonymous
Contacted by phone. Gave details of requirements, received details of terms along with wording proposed for a codicil within 2 days. Able to arrange signing at very convenient local branch.
Anonymous
Stephen explained very clearly the steps required and he dealt with the matter promptly and efficiently.
Mr Beresford
All correspondence and advice has been both professional and supportive. All action taken has been prompt and timely, taking into account the complexities at the work required.
"Absolutely brilliant. Richard supported me with a settlement agreement with my employer. From start to finish the staff were polite, made me feel comfortable and took the time to understand my needs - very fast turnaround and kept well informed at all stages. Would highly recommend Taylor Bracewell Solictors."
Carl Chandler
6 months ago
"I have recently sold my property in Liverpool and Peter Caswell at Taylor Bracewell Solicitos acted on my behalf and he was outstanding. This was a very difficult sale due to the fact that the other party's solicitors was excessive in their demand and clearly ignorant but Peter was very patient during what ended up being a long drawn out process. Peter maintained professionalism..."
chinwe Russell
4 months ago
"Really informative and clear initial call - took the time to listen to my situation, understand what was needed and answer all my questions. One small mistake in the first draft of the Will (no-one’s perfect!) but quickly rectified. Peace of mind that everything is looked after if I die."
Nick Savage
5 months ago
"I want to express my sincere thanks to Peter for the fantastic job over the last 18 months. The level of professionalism, attention to detail, and clear communication throughout the process has been outstanding. Everything was handled smoothly and efficiently, making what could have been a stressful experience completely hassle-free.
I will absolutely continue to use their servi..."
Ali Hammoud
8 months ago
"Absolutely brilliant. Richard supported me with a settlement agreement with my employer. From start to finish the staff were polite, made me feel comfortable and took the time to understand my needs - very fast turnaround and kept well informed at all stages. Would highly recommend Taylor Bracewell Solictors."
Carl Chandler
6 months ago
"Emma cornell acted on behalf of 5 beneficiaries regarding a will being contested .she was brilliant from day 1 and we cannot recommend ger enough, thanks again Emma"
Freda Lacey
3 years ago
"Many thanks to Kerry and Sopie for dealing with a property sale for us. It was quite a complicated affair but was dealt with professionally from start to finish."
Beryl Allan
4 years ago
"Very professional happy with there service"
Tim Cranswick
3 years ago
"Excellent solicitors i needed their services, they were very professional, i would recommend them."
