If a person lacks capacity to make a new will, then nobody is allowed to make a new will for them without specific and express authority from the Court of Protection. Without this authority, any attempt to make a new will for a person that lacks testamentary capacity will not be successful.
Capacity to make a will is called ‘testamentary capacity’. A new will that is made with authority of the Court of Protection is called a ‘statutory will’. Please see this video for a more detailed explanation of the statutory will process [link to statutory will video].
If you want to discuss how an application for a statutory will might work, how long it may take, who needs to be involved, and how much it might cost, please get in touch with us. Whilst applications can take a number of months for the Court of Protection to deal with, in urgent situations is it possible to get a decision very quickly.
If you would like to contest the estate of a person that has died, please get in touch with our highly regarded contested estates team.
Advising an attorney concerned with financial abuse of a loved one by family members.
Advising attorneys and deputies in respect of OPG investigations.
Advising attorneys / Deputies in relation to disputes.
Advising on capacity questions relating to gifting.
Advising minor beneficiaries and other family members in respect of statutory wills.
Acting as professional deputy in high value clinical negligence and personal injury matters.
Advising on care fee planning and third-party liability for the same.