Making a Will is a priority. A Will ensures that when you die your estate passes to who you want, how you want. However, in order to make a Will, you must have the mental capacity to do so.
What happens if someone has lost mental capacity before making a Will, or they have made a Will but its years out of date and would not reflect their wishes?
What happens if someone has suffered a serious brain injury or illness which means they do not have the mental capacity to make a Will?
In these circumstances, it is possible to make an application to the Court of Protection to make, or change, a Will on behalf of someone who is not mentally capable of doing this themselves.
The application process is quite detailed and can take some time to complete. The process requires you to submit various forms to the Court detailing the person's personal circumstances, their family arrangements, details of their finances, details of any former Wills… the list goes on.
In addition, you may be required to notified certain people of what you are doing, such as the person's family or the beneficiaries of their existing Will. It may even be necessary to attend a hearing at Court to discuss the application in person.
An application to the Court of Protection can be complex and time-consuming, and we would always advise that you take advice on making such an application.
Our experts are here to help guide you through the process. Call us today to discuss your needs.
For more information, why not click the links below, download one of our helpful guides or call our team to discuss your problems in person on 0114 272 1884 or 01302 341414
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