Wills For The Mentally Incapable
People often put off making a will or changing one made previously that has become inappropriate for whatever reason.
This can continue for years until there is a sudden loss of mental capacity, or until a gradual loss of mental capacity becomes severe enough that the possibility of making a will is seemingly lost forever.
This can result in manifest unfairness or a situation, which is known to be contrary with the wishes of the person when they were still mentally capable. Such a problem may not be possible to resolve after death by the making of a deed of family arrangement. So what can be done?
In appropriate circumstances, the law allows interested parties to apply to the Court of Protection for a statutory will to be created on behalf of the person suffering from the incapacity.
An application may be made by anyone who might be expected to be provided for by the person lacking capacity had they made a will when mentally able to do so. In certain circumstances permission to make an application may have to be sought from the Court.
There is one main limitation to the statutory will. It cannot deal with immovable property situated outside England & Wales.
One aspect of the application is that where there is an existing will, the application must name as a respondent any person or organisation which stood to benefit under that will.
The procedure itself is fairly involved and requires the production of evidence of intentions, but with professional advise from Pearson Rowe it can be accomplished relatively promptly. The incapacitated person does not have to be present for the will to be created or witnessed and their signature is not required.
Keeping your will up to date is advisable and review every 12 months is recommended, however we can advise you if you have a problem like the one referred to above.
Contact Us About Making A Will?
There is only one way to ensure that everyone you care for is taken care of in the event of your death, and that is to have a professionally drafted Will. Please do not delay any longer, buy yourself some peace of mind by obtaining your Will now.
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