Information Sheets: Private

Statutory Wills It is a source of concern to lawyers and families alike that the majority of people never make a will. Often, the intention to do so is there, but somehow the person never seems to ‘get around to it’ and dies or becomes incapable before a will can be made. It is possible, however, for a will to be written for someone who lacks the mental capacity to do so. The Court of Protection can, when there are objectively reasonable grounds for doing so, order that a statutory will is created. Such a will can be a variation on an earlier will, for example where a change in a person’s circumstances means that their will is no longer appropriate, or, where there is no earlier will, a will can be written from scratch to prevent the estate being distributed ... Read more