Creating a will for those who can't

If a person no longer has the capacity to make their own decisions, understand the consequences of those decisions or is unable to communicate those decisions they will be unable to validly create and execute their own will.

If someone no longer meets the requirements of ‘Testamentary Capacity’, they require a statutory will which must be approved by the Court of Protection before it becomes a valid legal document.

The Court of Protection is a specialist court and deals with cases where someone no longer has the mental capacity to make decisions for themselves. In these circumstances the court might think it appropriate to appoint a deputy to assist.

The aim of the Court of Protection is to protect the best interests, wellbeing, welfare and wishes of those who have lost their mental capacity, and can no longer make certain decisions on their own.

A person not having the mental capacity to manage finances does not necessarily mean that the person is unable to make a will.

Each situation will be unique so it is always best to seek professional legal and/or medical advice as to whether a person no longer has Testamentary Capacity.

Once a solicitor and/or doctor has advised that a statutory will is needed, you can start the application to the Court of Protection.

There are some forms that need to be filled out and some supporting documents that you’ll need to supply.

Waddington and Son Solicitors specialise in statutory wills and Court of Protection applications for deputyships. If you require assistance or further information please do not hesitate to contact us on 01282 426666.