In order to make a valid will, the person making the will must have the relevant mental capacity (known as testamentary capacity). If they do not have testamentary capacity, they cannot make a will.
However, someone who has lost the capacity to may still need to make a will in order to deal with their future estate.
The Court of Protection has the power to make a statutory will on behalf of someone who has lost the capacity to make a will on their own. This is where the Court approves a will on someone’s behalf and it will also authorise someone else to sign the will.
Statutory will applications are not granted by the Court of Protection in every case. It is therefore important to consider obtaining specialist advice before making such an application.
Our highly experienced Court of Protection Team work with families to obtain statutory wills or, where a statutory will may not be in the best interests of the person, to defend such an application.
We offer an initial 30 minute free telephone consultation.