If you or a family member are thinking about preparing a Will or making a gift but fear that mental capacity will restrict your options, we can advise you on the best route to take.
An individual must have mental capacity to prepare a Will or make a gift. However, where an individual is assessed as lacking the capacity to prepare a Will it may still be possible to make an application to prepare a statutory Will. A statutory Will is made at the discretion of the Court of Protection and allows a Will to be made on behalf of that individual. A statutory Will can also be used as part of inheritance tax planning and to avoid the estate being distributed by the government under the Intestacy Rules.
The Court can also authorise making gifts which can be helpful when considering estate planning.
We can help you to apply to the Court of Protection for a statutory Will and guide you through each stage of the legal process.