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Statutory Wills
We act on behalf of many people who cannot look after their own financial affairs due to mental incapacity.
Sometimes, those clients do not have proper wills in place or the wills that they have are out of date or inappropriate for their current circumstances. With no will in place, the laws of intestacy will determine how the estate is left and loved ones not covered by the intestacy rules may be left 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 agreement, make an order that a will shall be executed on those terms.
A statutory will can be used:
- to help with estate planning and reduce any possible Inheritance Tax liability
- where there are no close relatives and the intestacy rules would mean that an expensive search for distant relatives would be required such that a gift to charity may be appropriate
- to ensure that 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 and other mental capacity issues call, email or request a call back from one of our specialist lawyers.
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