Statutory Will Disputes

 
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A Statutory Will is made by the Court of Protection (COP) on behalf of someone who is unable to do so due to a lack of mental capacity.

The COP is a specialist Court that helps those who do not have capacity to manage their own affairs and has the power to make decisions regarding their health, welfare, finance and property.

A Statutory Will has the same effect as a standard Will made by someone who does not lack capacity. 

When is a Statutory Will necessary?

If an individual who lacks capacity requires a new Will or a change to an existing Will, an application to the COP will be required.  This may be because:

  • They haven’t made a Will before they lacked capacity
  • A change to their current Will is necessary i.e. due to financial abuse by somebody
  • The beneficiaries in the Will have died and the Will doesn’t provide for this
  • They have high value assets or the value of their assets has considerably changed i.e. due to an unexpected inheritance; or
  • Tax planning reasons

How can we help?

An application for a Statutory Will is a sensitive and complex process.  Our team are experienced in dealing with these applications and can guide you through the process.

Book your FREE 30 minute consultation now
 
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