What you need to know about statutory Wills

Normally you can change your Will as and when you please. However, there may be times though when a Will needs updating but the person who should be doing this has been deemed not to have the capacity to do so.

In these circumstances, Will writing solicitors in North Wales can start the process for a statutory Will.

An application to the Court of Protection is normally required in these cases, but there is a lot of information that must be submitted for this process to be successful. Paperwork such as old Wills and financial documents are essential. Other documents will include the application form (COP1), witness statement (COP24) and the information form (the COP1C).

Family members will generally also be consulted to come to an agreement that the Will needs changing. A family tree also should be provided to the courts to prove who is and is not related to the person in question. A copy of the proposed new Will must also be supplied and the reasons for the changes.

The courts will ultimately make a decision on the basis of the best interests of the person whose Will needs updating. During the application, those who were named in the original Will will be informed of the proceedings, as well as the solicitors involved in the case. Decisions can be appealed, but must be done so within 21 days.

Speak to our experts today at Bennett Smith Solicitors and we can guide you through the statutory Will process.