Wills & Probate

Wills and Probate


Wills and Probate :

Mental Incapacity

Have you considered what would happen if you lost capacity and were unable to make decisions? Who would look after your finances, or decide whether you should have a life saving operation?

If mental incapacity is something that you are concerned about, our solicitors can help you decide on the best course of action, whether that is a lasting power of attorney, or an “advance decision” or “living will” as they are more commonly known.

We understand how difficult it can be to discuss issues around mental incapacity. We will take the time to fully explain the options available to you and the implication of each course of action.

If you do not put provisions in place and you lose capacity, the Court of Protection may appoint someone to look after your affairs and make decisions that may not be in line with your wishes. Dealing with the Court of Protection can be complicated and time consuming. Our trusts and estates lawyers are experienced with dealing with these issues and can help take the stress away if this is something you are dealing with.

If someone does not have a will or their will is inappropriate for their circumstances, we can apply to the Court of Protection for a statutory will to be made on behalf of the incapacitated client. A statutory will can be used to help with estate planning and reduce inheritance tax liability, leaving gifts to charity where the intestacy rules would involve an expensive search for relatives and ensuring that gifts the client would have made if they had been capable of doing so are put into effect.

Several members of our trusts and estates department are Mencap recommended and are highly experienced in dealing with mental incapacity issues relating to wills and probate.

To speak to a trusts and estates solicitor about mental incapacity, call or email us today.

who to contact


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Give it up! Give it up! Baby, Give it up!

No-one has a crystal ball that can definitively tell them what the future holds.  Every decision is a risk to a greater or lesser degree.  When signing…

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Has the demise of Legal Aid put justice out of reach for ordinary people?

Medical negligence (or clinical negligence as it’s known) can be utterly devastating, not just for the victim, but for the family too. At a time when you…

Mark Wisby, Associate, Clinical Negligence Solicitor Mental Incapacity,

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Controversial court fees which have been branded a stealth tax on bereaved families are expected to prompt a surge in probate applications before the hike hits.  The…

Louise Harrhy, Partner, Head of Trusts & Estates Solicitor ,

Louise Harrhy

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Many Resolution[1] family lawyers think so and this week is Resolution’s annual awareness-raising week Minimising the impact of conflict on children: Conflict can have some…

Vanessa McMurtrie, Partner, Family Solicitor ,

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