A Will is a very important legal document. Unfortunately, not everyone makes one in time. In order to make a Will, an individual needs to be of sound mind. If they are no longer fully aware of the importance of the document, then they may not be able to write one.
In cases such as these, it’s possible to apply to the Court of Protection to request that a Statutory Will is made on that person’s behalf.
As part of the application process, you’ll need to provide a proposed version of the Statutory Will. This should be put together with the person’s best interests in mind.
You’ll need to consider:
- What you think the person would’ve chosen to do if they were able to make a Will themselves
- What their beliefs and personal values are, and how these might have affected their wishes
- The kind of decisions the person has made for themselves in the past
What about changing a Will?
It is possible to apply to the Court of Protection to change someone’s Will when they are no longer be able to change it themselves. This is useful in cases where circumstances have changed since the original Will was made and you believe they would want to reflect this in their Will.
This could include changes such as:
- Divorce or separation
- Remarriage or a new partner
- New family members, such as grandchildren
- Loss of beneficiaries
If you think you may have a case for changing the Will of someone close to you, we will be able to advise you on how best to proceed.