Making An Application For A Statutory Will

Sometimes, a Will needs to be made for a person who does not have the mental capacity to make one for themselves. For example, a person may have received a compensation claim in relation to injuries that they sustained in an accident, and have been cared for by their partner ever since the date of the accident.

If they are not married to their partner, then their partner would not be entitled to inherit anything in the event of their death. If a partner has not been paid for providing care, then this may be quite unfair – it would seem only right that the partner should stand to inherit something when the injured person dies. 

If the injured person does not understand the principles behind making a Will enough for them to be able to do it on their own, an application can be made to the Court of Protection for a Will to be approved on their behalf.
 

This application should set out all the financial circumstances of the person with the disability, as well as the arrangements currently made in relation to their care and daily life.  It should explain who forms part of the injured person’s family, so that the Court can build up a good picture of those people who might expect to inherit something in the event of their death.  A draft Will is also provided to the Court which would set out the proposal that is being made as to how the disabled person’s estate will be divided in the event of their death.

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The Court will generally ask the Official Solicitor to look at the application from a completely independent perspective and make any representations to Court that he thinks is necessary in order for the Will to be fair to everybody involved.  The Court will make the final decision as to what the Will should say. The Will is then signed on behalf of the disabled person and will come into effect when they die.

If you think that you know of someone who should have a Statutory Will made for them, why not give us a call for a no obligation chat? We can talk through with you what your options are and whether we think that an application would be the right way forward.

Can’t I just make a “normal” Will?

If you are not sure whether you, or someone you know, has the capacity to make a Will, you should NOT just go ahead and take them to a Solicitor to get one made anyway. If you do, the Solicitor will probably refuse to make the Will, and even if one is made, it may not be valid upon death.

Give us a ring and talk to us about capacity. We can explain what it means in more detail, so that you can decide whether it is an issue or not.

 

If you would like to have a chat about your options or how we may be able to help you please contact a member of the team below, complete our call back form  or contact us directly at your local office.

Your Court Of Protection Team

Karen Pratt

Partner

Karen Stephanie Pratt is an equity partner and is head of the Court of Protection Department and joint head of our Wills, Trusts and Probate team alongside…

Sapna Tugby

Partner

Sapna worked as a mental health paralegal for Thaliwal Bridge solicitors, in Leicester. She obtained a LSC funded training contract, then worked for…

Stephen Williams

Partner

Stephen Williams is the head of the Court of Protection health and welfare department and specialises in community care, health and welfare and mental…

Holly Hirst

Associate

Holly graduated from Keele University in 2005 with an LLB in Law with English and completed her LLM Master of Laws at Durham University in 2006. Holly…

Simone Kent

Solicitor

Simone joined BHP Law in June 2016 during the course of her MLaw Exempting degree at Northumbria University. In the first semester of her final year,…

Melanie Morley

Solicitor

Law is Melanie’s second career, but over the last 18 years she has gained valuable experience working within the areas of construction, finance and…

Hannah Moffett

Paralegal

Hannah has worked within Wills, Trust & Probate for 6 years, running her own case load of files that varied greatly in nature. In 2017, Hannah qualified…

Emma Wood

Paralegal

Emma qualified as a paralegal and completed her police station accreditation before joining BHP Law’s Court of Protection team.…

Ruby Knapton

Trainee Legal Executive

Ruby began working at BHP Law in 2017 as an admin assistant in residential conveyancing. She quickly became fascinated by the legal profession and knew…

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