Statutory wills can be made in the event that a loved one is no longer able to act for themselves – and usually the person who has power of attorney for their loved one’s financial affairs will be responsible for drawing up a statutory will.
Making a statutory will is often a complex and at times an emotional process – the will has to be approved by the Court of Protection and other close family members who are beneficiaries may also have a say in the contents of the will, which may result in redrafting the will.
If there is already a will in existence made by the testator who is no longer able to act for themselves, the Court of Protection will have to approve the drafting or amendment of the will – it is necessary to apply to the Court with the grounds for remaking or amending the will.
Any benefiaries in an existing will that is to be amended or redrafted who may lose out also have to be notified and named as a Respondent in court proceedings.
Medical evidence – known as testamentary capacity – also has to be submitted to the Court to show why the family member is unable to act for themselves.
The application for a statutory will attracts court fees – it is also necessary to pay for a report on the testamentary capacity of the family member unable to act for themselves.
Duncan Lewis Wills and Probate solicitors offer clear and focused advice to families and Attorneys regarding making a statutory will – and can guide you through the process, at what is often a distressing time for family members.
Duncan Lewis Solicitors also have a well-respected family law department with extensive experience in Court of Protection cases – and the firm is also the UK’s largest provider of Legal Aid mental health services, so our specialist Wills and Probate solicitors are uniquely placed to advise on statutory wills and the Court of Protection.
We offer competitively-priced fixed fees whenever possible for wills and probate matters – and hourly rates for contentious probate matters.
For expert legal advice on statutory wills and trust, call Duncan Lewis Wills and Probate solicitors in confidence on 0333 772 0409.