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.

  • Will Writing Services

    A will is one of the most important legal documents you will ever produce, and is the only way to ensure that your wishes are carried out and your estate is divided in the way that you choose.

  • Probate Services

    Probate is a legal process that occurs once an individual has died, where your Executors/Personal Representatives handle your estate, including taxes, debts and distributions of inheritance.

  • Estate Planning

    Sometimes your circumstances may require additional clauses in your will to protect your assets against remarriage or bankruptcy or divorce of a beneficiary or to assist in mitigating inheritance tax.

    We use cookies to ensure that we give you the best experience on our website.