Wills for people who lack capacity

If it is sensible for someone’s Will to be updated but they lack mental capacity to make changes, their interests must be properly safeguarded. We have the expertise to assist in these situations.

If someone lacks mental capacity, a Will may need created (or changed) to reflect new circumstances. In this situation, it is necessary to apply to the Court of Protection for a Will to be approved on their behalf (a ‘Statutory Will’).

The Court will often appoint the Official Solicitor to represent the person lacking capacity – to ensure their wishes and interests are protected. This is often a complex and lengthy procedure and may require a formal Court hearing. We strongly recommend that you contact us on 01904 558600 or click on our enquiry form to discuss this in more detail, before deciding to proceed.

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    Please note that if you have an issue requiring urgent attention, it is always best to telephone us as soon as possible on 01904 558600 to establish whether we can help you within any deadline.

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    Please note that if you have an issue requiring urgent attention, it is always best to telephone us as soon as possible on 01904 558600 to establish whether we can help you within any deadline.

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Michelle Cruddas
Legal Executive