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What happens if someone has lost mental capacity before making a Will, or they have made a Will but its years out of date and would not reflect their wishes?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:
Excellent service, very helpful, very professional and always willing to go the extra mile to provide further assistance. I'm very happy with the service received and would highly recommend them.
Anonymous
We are more than happy with the service we received, the probate was dealt with and granted seamlesly and timely.
Miss Leaney
Excellent communication and explanation of timescales etc.
Anonymous
The updating of my will by Keeley was totally satisfactory.
Mr Thompson
I would like to thank Taylor Bracewell for an exemplary service when preparing my will. Thorough explanations, supreme efficiency and all delivered with warmth and care. I feel that my family's future is now secure and I didn't realise that such a task could be so fulfilling. Thank you so much and I can't recommend your practice highly enough.
Anonymous
After the death of my husband, there was obviously a lot to do and knowing that Lauren and Pam at Taylor Bracewell were dealing with the will, probate and estate was most reassuring and helpful. It was dealt with in a professional manner.
Anonymous
I found Holly Law to be extremely polite, friendly and professional. I was very satisfied with my experience at Taylor Bracewell and would totally recommend them.
Mr Dutton
Really lovely, pleasant people. Very satisfied with all the information and the handling of problems I had after loss of husband. All staff made it a little easier to deal with.
Anonymous
First experience of doing anything to do with wills and legal matters. All of the staff were excellent, very patient with me, explaining everything again and again if needed. Very professional and so easy to be able to ask questions. They are all fantastic, patient with people, friendly and so helpful to newcomers. Thank you all so much.
Anonymous
Lauren and team were very helpful and assisted our inability to travel by coming to our house. The will itself featured some constructive dialogue and was drawn up. A simple and pleasant process that updated our understanding of wills.
"A huge thank you to Jasveer and Alisha at Taylor Bracewell for guiding us through our recent sale and purchase. They were thorough, highly responsive, and handled every aspect of our conveyancing with complete professionalism. They ensured everything progressed smoothly up to completion day with zero fuss. Highly recommended!"
Gemma Catterall
3 weeks ago
"It was a daunting visit to see Amy Wilson who assisted with my family matter, the attention to detail and support throughout my appointment and follow up to clarify all things I did not understand She was very professional and courteous. An excellent paralegal and a credit to Taylor Bracewell. Thankyou much appreciated."
Aaron Bannister
4 weeks ago
"Highly recommend Jasveer Kaur and her team for looking after us during our recent property transfer, Jas was patient and always available to us, kept us informed every step of the way and explained our choices at every turning. Thank you Jas from Amanda & Steve you made it so simple."
Amanda Wilson
a month 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
6 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
8 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."