The Court of Protection also deal with Statutory wills. A statutory will can be drafted if a person without a will loses mental capacity. This means that an Official of the Court signs the will on behalf of the person who cannot sign for themselves due to incapacity. Their estate will pass according to intestacy rules. However, this may not be the best way to distribute the estate.
A statutory will may also be appropriate if a person’s existing will is invalid or circumstances have changed significantly since it was drafted.
If the attorney or deputy believes a new will needs to be drafted or an existing will amended, an application can be made to the Court of Protection.
If you would like more information regarding the Court of Protection please contact the office on 01637 872361 (Newquay) 02038612000 (London) or email us on firstname.lastname@example.org and a member of the Private Client team will give you a call to answer any queries you may have.
Our fee structure is transparent, flexible and competitive. We can act on a fixed fee, retainer or capped hourly rate basis.