The Court of Protection team can assist with the making of Statutory Wills and with applications to the Court of Protection to allow gifts to be made from the assets of the person with a deputy or attorney acting for them.
Making a will is an important step for all of us, to ensure that our wishes are carried out after out death. To make a valid will the individual making the will must have testamentary capacity, which is a legal test of understanding the process of will making. We can help the family, friends and carers of people with brain damage, mental disorders or learning disabilities to make a will themselves if that person has testamentary capacity, to make a will or to consider a statutory will if they do not.
A statutory will is one approved by the Court of Protection and made on behalf of a person who does not have the capacity to make their own will. This means that, whatever the circumstances, we can help to ensure that the client's wishes will be taken into account. Our team has many years of experience with making successful applications for the approval of statutory wills.
We can also prepare wills for the families of people with learning disabilities, enabling them - for example - to ensure that the funds they leave for that child will be there to support them, in addition to means tested benefits, by the use of suitable trusts.