ChatterBank0 min ago
statutory wills.
has any one got any experience with statutory wills. ineed to know if i can apply for one from the court of justice over my aunts estate . i am being deputised , and she has already made a wil . how ever this does not reflect the situation today.
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Does you aunt now lack testamentary capacity [ basically, is not mentally sound enough to make a will or understand what she's doing if signing one] ?
She has already made a will. Do you mean that that was a long time ago and she would have wished to update it to reflect the current situation but is now unable to do so, as mentally incapable ?
You need to go to a solicitor. They'll need to consider whether the material justifies an application to the Court of Protection, under section 93(1)(e) of the Mental Health Act and your status to make it .The Court will require medical evidence.If there is a will already in existence the Court will have to persuaded why a new will is needed and that the person would, if capable and sensible, have made one. The Court is not there to decide whether any past will is valid. If satisfied that the circumstances are such as to justify a new will then a statutory will is made
She has already made a will. Do you mean that that was a long time ago and she would have wished to update it to reflect the current situation but is now unable to do so, as mentally incapable ?
You need to go to a solicitor. They'll need to consider whether the material justifies an application to the Court of Protection, under section 93(1)(e) of the Mental Health Act and your status to make it .The Court will require medical evidence.If there is a will already in existence the Court will have to persuaded why a new will is needed and that the person would, if capable and sensible, have made one. The Court is not there to decide whether any past will is valid. If satisfied that the circumstances are such as to justify a new will then a statutory will is made
What do you mean by ' I am being deputised' ? Do you mean that you, yourself, have been given an enduring power of attorney to deal with her affairs,on her behalf because she can't ? Or that somebody else has a power of attorney ?
The person holding an enduring power of attorney can apply for a statutory will.
So can : a beneficiary under an existing will
a person who would normally inherit if the person died without a will ['intestate']
any person whom the person , whose 'statutory will' it is to be, would be expected to provide for
any other person whom the court permits
It rather depends what the 'two years of unselfish support is' that you refer to. The court won't write a new will unless it's clear that that's what the person would or should have done , had they not been overcome by disability.It's not a case where they've never had a will.They knew the importance of a will. Why would they have made a gesture and what would it be ?
You need preliminary advice from a solicitor. It can be expensive to pursue such an application.We can't advise more on here without knowing all the circumstances.
The person holding an enduring power of attorney can apply for a statutory will.
So can : a beneficiary under an existing will
a person who would normally inherit if the person died without a will ['intestate']
any person whom the person , whose 'statutory will' it is to be, would be expected to provide for
any other person whom the court permits
It rather depends what the 'two years of unselfish support is' that you refer to. The court won't write a new will unless it's clear that that's what the person would or should have done , had they not been overcome by disability.It's not a case where they've never had a will.They knew the importance of a will. Why would they have made a gesture and what would it be ?
You need preliminary advice from a solicitor. It can be expensive to pursue such an application.We can't advise more on here without knowing all the circumstances.
This sounds like a CoP job, then. Fred knows more about these situations than me, but in case he doesn't come back to the thread, here's something to get you started.
http://www.officialso...k/os/cop_drafting.htm
You could nosey around the Court of protection website too for more information.
Even I (who dislike using solicitors for unnecessary work that can be done oneself) recognise that you will need qualified help to deal with this.
http://www.officialso...k/os/cop_drafting.htm
You could nosey around the Court of protection website too for more information.
Even I (who dislike using solicitors for unnecessary work that can be done oneself) recognise that you will need qualified help to deal with this.
<i am in uk . its obvious you no nothing about law. i dont either , i just need advise >
You threw me right off the scent with your reference to the 'Court of Justice' and 'being deputised'.
It's the Court of Protection and I now assume the latter means 'being appointed Deputy'
Plenty of advice already given - of which the best is consult a solicitor and the Office of the Public Guardian website
You threw me right off the scent with your reference to the 'Court of Justice' and 'being deputised'.
It's the Court of Protection and I now assume the latter means 'being appointed Deputy'
Plenty of advice already given - of which the best is consult a solicitor and the Office of the Public Guardian website
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