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statutory will without testamentary capacity

A Statutory Will is made on behalf of a person who is judged to be lacking the testamentary capacity to make their own Will.

When this becomes necessary, Lees Solicitors can help you with the practical side of things and ensure you are able to act in the best interests of your loved one.

what is testamentary capacity?

Testamentary capacity refers to a person’s ability to draw up or amend a valid Will. Although a person may lack the necessary capacity to manage elements of their affairs, such as property or finances, this does not necessarily mean that they do not have testamentary capacity.

If it is confirmed by a medical practitioner that a person over the age of 18 does lack testamentary capacity, a Statutory Will can be made on their behalf.

applying for a statutory will

If a Statutory Will becomes necessary, an application must be made to the Court of Protection in order to proceed. This will include a medical assessment confirming that the person concerned lacks the capacity to make or amend their own Will.

Once the proposed Statutory Will has been agreed, the Court of Protection will issue an order to allow the authorised person to execute this Will in the required form.

how Lees solicitors can help

Our experienced team is able to assist you throughout the process of getting a Statutory Will or Codicil (an amendment to an existing Will) approved by the Court of Protection. We can provide all the support you need, including:

  1. Liaising with medical experts
  2. Preparing a Statutory Will or Codicil as required
  3. Bringing the application in the Court of Protection
  4. Liaising with the Official Solicitor where required

If you need advice on Statutory Wills, call Lees Solicitors today on 0800 387 927 and discuss your case with one of our experts.

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What is a statutory will?

A Statutory Will is a will made on behalf of someone who needs to make a will and has lost capacity.  

When is a statutory will appropriate?

If a person has lost capacity (for example because of dementia or a stroke) then, in all likelihood, they will lack the necessary capacity to make a Will.

In this situation their estate is distributed to their next of kin in a strict statutory order (known as the intestacy rules). 

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