Bridge McFarland - Private Clients

A statutory Will is made by the Court of Protection for someone who does not have enough mental capacity to make a Will themselves. It is a fact that a majority of people in this country do not have a valid Will. Whilst you have mental capacity, this is of course your choice. But for those who do not have capacity, it can be a bleak prospect to die without a Will, or with a Will that does not reflect current circumstances.

A statutory Will may be appropriate where a mentally incapable person:

• made a Will many years ago leaving assets to beneficiaries who have all since died;
• has enough mental capacity to marry, but not to make a Will, and needs to provide for someone other than their new spouse;
• has been involved in an accident leaving them with little or no mental capacity, but substantial monetary compensation and no Will, or an unsuitable Will;
• made a Will excluding a family member, but who has now been reconciled with that person and (if mentally capable) would normally change their Will to re-include the family member;
• would benefit from inheritance tax planning.
Statutory Wills are made by application to the Court of Protection. The court tries to make the Will that the incapable person would have made, were they capable. A considerable amount of evidence is required, and the costs can be steep, so statutory Wills are not suitable for every case. For an informal discussion, please contact a member of our team.