Statutory Wills

Most people will make a Will during their lifetime so that they can dictate how their estate ought to be divided upon their death.

Anyone over the age of 18 can make a Will provided they have ‘testamentary capacity’. Testamentary capacity essentially means that the person making the Will must understand: the nature and effect of making a Will in the terms they have proposed; what they own and roughly what it is worth; and the claims of those who might expect to benefit from the Will, including those who are being excluded.

If someone does not have the mental capacity to make a Will an application can be made to the Court of Protection for a Will to be made on their behalf. This needs to take place even if a Deputy is already in place, as they have no authority to sign a Will on behalf of the person whose affairs they manage.

The Court of Protection oversees these applications and where a Will is made in this way, it is called a Statutory Will.

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