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Statutory Wills

At Hart Brown we act for many people who cannot look after their own property and financial affairs due to mental incapacity.

Sometimes, our clients do not have proper wills in place or the wills that they do have are out of date or inappropriate for their current circumstances. With no will in place, the laws of intestacy will determine how their estate is divided up and loved ones not covered by the intestacy provisions may end up with nothing.

On these occasions we can apply to the Court of Protection for a statutory will to be made on behalf of the incapacitated client. The court will consider the proposed terms of a new will and if in it agrees, make an order that a will should be executed on those terms.

A statutory will can be used:

  • to help with estate planning and reduce any inheritance tax liability
  • where there are no close family members and the intestacy rules would involve an expensive search for distant relatives and a gift to charity may therefore be appropriate
  • to ensure that the gifts that the client would have made if they had been capable of doing so are put into effect.

To speak to someone who can help with a statutory will call, email or request a call back from one of our specialist lawyers.

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