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.
Specialist advice and experience
If someone lacks mental capacity, a Will may need to be 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.
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