A statutory will is a will authorised by the Court of Protection, on behalf of a person who does not have the capacity to make their own will.
There are a number of scenarios when a statutory will may be appropriate:
For example, a person has already made a will, but:
• a beneficiary in the will has abused or stolen from the person
• the will does not benefit the right people in the right way
• the will is out of date – executors and beneficiaries need replacing
• the person’s circumstances have changed drastically and the will needs changing to reflect this, for example the person has remarried, or has a new partner, or other dependents
• the will may be challenged after their death – as there are concerns about its validity
• an attorney or deputy has disposed of property that is specifically bequeathed in the will – and so a beneficiary is going to lose out.
It may be that the person has never made a will themselves, but it is in their best interest to have a will.
If you would like to discuss the need for a statutory will (for a person who lacks capacity to make or change their own will) please get in touch.
