Statutory Will

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Statutory Will

If a person has lost capacity and is unable to make a Will or amend their existing Will then it is possible to apply to the Court of Protection to approve a Will which is known as a Statutory Will.
An application has to be made to the Court of Protection for approval of a new Will or to approve the changes in the previous Will.
At Mikhael Law we can help you with the application and procedure to take the important steps in making a new Will for your loved ones’ who are no longer able to do this for themselves.

Reasons for Making a Statutory Will

The person has lost capacity whether that is through age, illness or accident, and can no longer make a Will on their own
There is a Will but it needs to be changed or amended for example there has been a change in circumstances such as a beneficiary has died.
The Will needs to be changed for tax purposes for better tax planning.
If the property was divided in a situation where there is no Will then it might not be best for the family as it would be divided according to the intestacy rules.

Steps to Make Statutory Will

There are certain people who can apply for a Statutory Will and we at Mikhael Law can advice you regarding this. A Will has to be prepared and sent to the Court and notice needs to be given to relevant persons that are likely to have an interest in the estate. The Court will consider the application and look at whether it is in the best interest of the vulnerable person.