Creating a will for those who can't

Nicola Jane Mawson Waddington

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.

Enjoyed this? Read more from Nicola Jane Mawson, Waddington & Son

Latest news

1

New parther for Fylde Coast family law team Terina Kiss And Duncan Rawlinson

New parther for Fylde Coast family law team

04 Sep 2026

2

130-year-old accountancy joins forces with national firm John Potter Harrison

130-year-old accountancy joins forces with national firm

04 Sep 2026

3

Businesses back elected mayor – with conditions County Hall in Lancashire

Businesses back elected mayor – with conditions

03 Sep 2026

4

Low Carbon Energy in rebrand to Activ8 Energies Activ8 Energies Team

Low Carbon Energy in rebrand to Activ8 Energies

03 Sep 2026

5

BAE Systems senior leader joins University of Cumbria Will Tudor

BAE Systems senior leader joins University of Cumbria

03 Sep 2026

Background image for hub sign up block

LBV Hub

Leverage Lancashire Business View platforms

Post your news
Post your events
Post your offers
Build your network
Improve your SEO
Gain coverage in the magazine
Sign-up
Events
LBV130 September/October Magazine Networking Event
LBV130 Magazine Launch Social720No Text 6 17 Sep 2026

LBV130 September/October Magazine Networking Event

The Beehive Blackburn, Shadsworth Business Park, BB1 2QS

08:30 - 10:30

Built Environment Conference 2026
BEC26 WW Logo720 24 Sep 2026

Built Environment Conference 2026

EG On The Move, Waterside Head Office, Blackburn, BB1 2FA

08:30 - 13:00

All In One Network
LBV Website Events GraphicAll In One Network 15 Oct 2026

All In One Network

The Leisure Box, Northlight, Glen Way, Brierfield , BB9 5NH

14:00 - 16:00

Sub36 Awards 2026
Sub36 WW Logo720 16 Oct 2026

Sub36 Awards 2026

Park Hall Hotel & Spa, Chorley, PR7 5LP

19:00 - 00:30

LBV131 November/December Magazine Networking Event
LBV131 Magazine Launch Social720No Text 19 Nov 2026

LBV131 November/December Magazine Networking Event

Lancashire

08:30 - 10:30

Lancashire Business Day 2026
LBD26 WW Logo720 27 Nov 2026

Lancashire Business Day 2026

Burnley Football Club, BB10 4BX

12:00 - 17:00

Mediation in the workplace: a practical guide to resolving conflict
LBV Website Events GraphicMediation In The Workplace 08 Sep 2026

Mediation in the workplace: a practical guide to resolving conflict

Online, Preston, PR1 3JG

12:00 - 12:45

Preston Tech Connection Hot Takes
LBV Website Events GraphicHot Takes In Tech 09 Sep 2026

Preston Tech Connection Hot Takes

Society1, Preston, PR1 3LT

18:00 - 19:30

Stop Wasting Time. Start Making Money
Lancaster And Morecambe Logo 1 10 Sep 2026

Stop Wasting Time. Start Making Money

Lancaster & Morecambe College, Lancaster, LA1 2TZ

08:00 - 10:00

Mind Over Mountain: Brunch at Ivory Tower
mind-over-mountain-complete.jpg.jpg 11 Sep 2026

Mind Over Mountain: Brunch at Ivory Tower

Ivory Tower, Preston, PR1 2NL

12:30 - 16:30

Fire Warden Training
14 Sep 2026

Fire Warden Training

Cleveley House Farm, Forton, PR3 1DR

09:00 - 15:00

Business Twilight Networking Event
business networking event.png.png 16 Sep 2026 - 16 Sep 2026

Business Twilight Networking Event

Engineering Innovation Centre, University of Lancashire, Preston, PR1 2HE

16:00 - 18:30

Advertise with us

Reaching 50,000 members, our print, digital and event platforms offer a fantastic way to raise your business profile and help you grow.

Find out more LBV129 Online Graphic
Subscribe now

Weekly news bulletin