What happens if someone doesn't have the capacity to make a Will?

To write a Will the individual (testator) must be over 18 years of age, have the required capacity and comply with the execution formalities as laid out in the Wills Act 1837.

However, if the testator lacks capacity and their GP can state that the individual definitely doesn't have capacity an application can be made to the Court of Protection for a Statutory Will can be drawn up.

The process and forms to be completed are far more complex than just a "normal" Will hence the cost of these are more expensive. But as we all know if you die with a valid Will in place the administration of the deceased's estate is far easier.

If a medical practitioner confirms that an individual lacks testamentary capacity, the individual’s wishes can still be safeguarded by applying to the Court of Protection for permission to make a Statutory Will.

Other reasons for making a Statutory Will maybe to mitigate inheritance tax or simply to avoid the individual dying intestate.

Contact us for more information.