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Signing a Will on behalf of someone via the Court of Protection.

29 June

Signing a Will on behalf of someone via the Court of Protection.

What is a Will?

A Will is a legal and extremely personal document that sets out a person’s wishes regarding assets and if necessary, care of any minor children in the event of their death.

What happens if a person dies without a Will?

If a person doesn’t have a will, they are said to have died ‘intestate’ and in those circumstances their assets must be shared out according to certain rules. For many people these days, the rules of intestacy are extremely outdated and do not acknowledge step-family members, unmarried partners or life-long friends.

Making a Will for someone who has lost the capacity to do it for themselves.

Unfortunately, in some circumstances it may be necessary to make or change a Will on behalf of someone who has become unable to do so for themselves. Situations where this may be the case include someone who has suffered a brain injury, or an individual who has been diagnosed with dementia.

You can apply to make or change a Will, when the person:

· Isn’t able to understand what making or changing a Will means

· Doesn’t how much money they have or what property they own

· Doesn’t understand how making or changing a Will might affect the people they know

Court of Protection

When making or changing a Will on behalf of someone else, you need to apply to The Court of Protection and prove they are unable to do this for themselves. The Court of Protection is a court that deals with decisions taken under the Mental Capacity Act 2005. A new Will cannot be made without an Order from the Court of Protection. Wills made in this way are called Statutory Wills.

Statutory Will

Contact us if you are worried that you, or someone you know lacks the capacity to make or change a Will. Our expert and experienced team can provide you with more information and advice. t. 0114 249 5969