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As an Attorney or Deputy, you are able to make certain decisions on behalf of a vulnerable person without the need for any other authority. However, where a person has lost the capacity to make a will and it is considered necessary to do so, usually if they have never made a will or if there has been a significant change in their circumstances, an application must be made to the Court of Protection to execute such a document.
Given the importance of a will, the decision on whether to allow a Statutory Will or not will be made only after careful investigation by the Court to determine what is in that person’s best interests.
Sometimes, relatives or loved ones of the vulnerable person do not agree with each other or the Court about what terms should be put into the statutory Will.
Getting the right legal advice could help you identify potential problems early on or assist you in challenging a Statutory Will if you feel it is not fair.
Our experienced and friendly team are here to provide you with expert advice and assistance through what may be a lengthy and involved process to ensure that the best interests of your loved one are protected.