In order to make a Will a person needs to understand the implications of what they are doing. If you have a family member who is unable to make a Will, perhaps because of learning disabilities, mental illness or brain injury, you will undoubtedly be concerned as to what will happen to their assets if they were to die. In these circumstances you will need to consider whether it is appropriate for a statutory Will to be written on their behalf.
How do I make a statutory Will?
An application will need to be made to the Court of Protection for approval of any proposed statutory Will. The person who applies will need to follow the Court’s set process for making the application and getting the Will approved. If the Court consents to the Will being made, the person making the application will be allowed to execute the Will on the person’s behalf and the Will will then be legally binding, just as if the person had made the Will themselves.
How can we help?
At RJS Solicitors we understand the requirements of the Court of Protection and have extensive experience in dealing with the Court and dealing with statutory Will applications. We can:
Advise on whether an application for a statutory Will is appropriate