Can a person without capacity make a Will
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Writing a Will without Mental Capacity – Statutory Will
What is a Statutory Will?
The law states you must have the mental capacity to write a will. However, the Court of Protection can authorise a Statutory Will for someone who has lost the capacity to write a Will themself.
A statutory Will is a Will that is created and approved by the Court of Protection on behalf of a person who lacks capacity either through physical or mental illness, learning disability or brain damage.
What reasons are there to make a statutory Will?
There are many reasons to make a statutory will:
- An existing will required to be changed due to the circumstances of the incapacitated person.
- The person who is incapacitated has not previously made a Will
- If a beneficiary under an existing Will has passed away
- A change in the relationship of the incapacitated person
- Their estate has dramatically increased or reduced in value
How to apply for a Statutory Will?
When making a statutory Will on behalf of someone, you need to consider the incapacitated persons best interests.
Things to consider are:
- If the person can express any wishes and feelings, they should still be considered.
- If there is a Will to present or in the past
- The person’s beliefs and values
A doctor’s report is required to confirm the person lacks capacity. Once a doctor and solicitor have advised a statutory Will is needed you can start the application to the Court of Protection.
You will need to fill out forms with supporting documents; the forms include:
- An application form – COP1
- A Witness statement – COP24
- An information form – COP1C
- An assessment for capacity form – COP3
Do you need help?
Our solicitors are here to help, if you want to make a statutory Will for a loved one who lacks capacity contact us today on 0161 798 9000.