Statutory Wills

Craig Ward

Where a client lacks mental capacity sufficient to create a will, a statutory will may be created on their behalf through the Court of Protection. This entails making an application to the court and asking them to execute a will. The application may be made by an authorised person, such as and attorney (acting under a lasting power of attorney), a deputy, or someone entitled to receive a benefit under the will. Once a statutory will is executed by the court this acts in the same way as a regular will drafted by a client.

FAQ's on The Court of Protection and Deputy Orders

Article by
Sharon Brown

What is the Court of Protection?

The Court of Protection is an institution based in London.  It helps to look after vulnerable adults who lack sufficient mental capacity to make decisions for themselves.                                                        

Is the Office of the Public Guardian (OPG) the same as the Court of Protection?

The two institutions are separate but both work with vulnerable adults.  The simplest explanation is that the Court of Protection makes decisions whilst the Office of the Public Guardian handles registration of powers of attorney and ongoing administration matters.

Help! I Need Somebody...

Article by
Sharon Brown

Have you ever considered who would look after your finances if you couldn't look after them yourself?  Many people assume that this is something only the elderly need to consider, but due to strokes, heart attacks, and other debilitating illnesses or accidents mental incapacity is something that can affect anyone of any age.

If you lack sufficient mental capacity your spouse, children, friends or other family members will find it extremely difficult to look after your finances on your behalf.   Banks and other financial organisations are legally not allowed to give them any information or discuss your finances with them.