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.
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. If one is made, it may not be valid upon death.
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
Partner
Karen Stephanie Pratt is an equity partner and is head of the Court of Protection team. After being admitted as a solicitor in 1986, Karen became…
Partner
Sapna previously worked as a mental health paralegal for Thaliwal Bridge solicitors, in Leicester. She obtained a LSC funded training contract, then worked…
Senior Associate
Jonathan advises on all aspects of Mental Health and Court of Protection Law, alongside work in Civil Litigation. He is an Accredited Member of the Law…
Senior Associate
Victoria joined BHP Law in December 2022 as a Senior Associate bringing over 10 years experience of working in Court of Protection (heath and welfare).…
Associate
Rachel is an Associate Solicitor working across the Dispute Resolution/Employment and Mental Health teams. She has excellent academic credentials including…
Solicitor
Catrina is a solicitor, having completed her training contract at BHP Law. Prior to this, Catrina completed her LPC and Master's Degree in Law at Northumbria…
Paralegal
Emma qualified as a paralegal and completed her police station accreditation before joining BHP Law’s Court of Protection team. …
Trainee Solicitor
Jennifer joined BHP Law in 2022, having previously specialised in handling a variety of personal injury claims arising out of Road Traffic Accidents at…
Trainee Legal Executive
Lisa joined BHP Law in November 2003 to provide Secretarial/Admin support in the Industrial Disease team, she became a Paralegal in 2005. Lisa…
Trainee Legal Executive
Abi studied law at A-Level and went on to successfully complete an apprenticeship in Business Administration. She joined BHP Law in 2018 as a secretary…
Apprentice Solicitor
Ben joined BHP Law in September 2022, after finishing his A-levels. Within Ben’s first year as a Solicitor Apprentice, he joined the Wills, Trusts,…
Apprentice Solicitor
Megan joined BHP Law as a Solicitor Apprentice in 2022 after completing her A-levels. She attends Northumbria University one day per week and is expected…
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