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Whilst most of us can create or change a will as and when we please, this is not so easy for somebody who does not have capacity to do this for themselves. However, this does not mean that the financial and social circumstances of that person do not change. So, how can a will be changed for somebody who lacks capacity, for example somebody who has a deputy or an attorney? This is where a statutory will is required.
A will that is executed by the Court of Protection that has the same effect and validity as if it were executed by the person themselves if they had capacity to do this. A statutory will can be used whether or not there is an existing will in place.
A Deputy or Attorney cannot be granted the power to execute the will themselves and therefore an application needs to be made to the Court of Protection. An application can only be made on behalf of somebody who is over the age of 18. These applications are not straight forward and require a large amount of evidence to be supplied with the application in light of the effect that such a document will make to the estate.
The Court of Protection is most likely to execute a statutory will if:
Should you require any help with statutory wills or Deputyships/Powers of Attorney in general, our Court of Protection team will be happy to help.
For more information call our Court of Protection team to discuss your options on 01484 821 500, email email@example.com or text LAW to 67777 to book a free information session at any of our offices.