In certain situations; such as when someone has had a serious brain injury or is suffering from dementia, it is possible to apply to the Court of Protection to make or change a will on their behalf, known as a Statutory Will.
In What Circumstances Can You Apply For A Statutory Will?
You can apply when the person isn’t able to understand what making or changing a will means, or how much money or property they have. Sometimes they may wish to change their Will and perhaps they are unable to comprehend how those changes will affect those around them.
How Do You Apply For A Statutory Will?
To apply, you need to download and fill in the Court of Protection forms and then return them with your proposed Will and supporting documents. You will need to prove to the Court of Protection that the person is not able to write a Will themselves and so will need to ask their doctor to fill in an assessment of capacity form. You then need to let relevant people know you’ve applied, this would be anyone named in the Will and other people who are involved in their lives. Once the Court of Protection have agreed the Will, it will need to be signed and sent to them to have it ‘sealed’.
How Much Does It Cost To Apply For A Statutory Will?
The present fee, is £365. However, if the court decides to hold a hearing, even by telephone, there may be another £485 fee, plus any fees for legal representation.
What If The Person Has Only A Short Time To Live?
If the person you are writing the Will for has only a short time to live, it is possible to make an emergency application. If you are in this situation and would like advice quickly, please call us and we can help you sort this out at short notice.