The Court of Protection can put in place what is known as a ‘statutory’ Will for a person who does not have capacity to make a will for themselves. An application has to be made to the Court for this purpose.
The application will generally involve an attorney, deputy or solicitor completing a number of Court forms including a form setting out details about the capacity of the person for whom the will is required and completing a witness statement addressing why it is believed a statutory Will is needed and how the person’s estate should be divided on their death.
Family members and interested parties will be consulted over the contents of the proposed Will. In the event of any concerns or objections, the Court of Protection may hold a hearing to try and address these before deciding whether to approve the Will requested.
If there are no objections, the Court will usually approve the will without the need for a Court hearing and then stamp it with the seal of the Court of Protection to show that it is valid.
Ashfords’ experienced team can assist you at all stages of the process and no matter how complex or contested the application.