If the vulnerable adult does not have a will or one which is out of date an application can be made for a statutory will to be granted.
A statutory will is similar to a regular will. The main difference is that unlike asking the person concerned what they would like on their will this has to be determined from evidence regarding what the person themselves would have wished. The Court of Protection uses the term P to refer to the person lacking mental capacity. P stands for patient. On a regular will the will maker can choose their executors. They know their property and assets and have an idea where they would like these distributed. If they want to make specific gifts they can. If they have children under 18 they can choose appropriate guardians for them. They can say if they would like to be buried or cremated. When making a statutory will all these points have to be worked out on behalf of P.
The executors on a statutory will are often P’s attorney or deputy. If no one can be found a professional can be appointed such as a solicitor or other professional.
A regular will has an attestation clause at the end. This directs how the will should be signed to ensure it is valid. A statutory will has a special type of attestation clause to reflect that P cannot sign and someone has been appointed by the Court of Protection to sign for them.
Making a statutory will application requires a package of information to be presented to the court. The following are the essentials. Added to this is evidence of why it is in P’s best interests to make a statutory will.
Contact Craybeck Law about making your statutory will application today.
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