Statutory wills and gifts

Statutory Wills

A statutory will is appropriate if someone doesn't have the capacity to make one in the usual way, whether through illness, disability following an accident or because a person is learning disabled.

To make a will in the usual way, a person must have ‘testamentary capacity’, a legal test which requires an understanding of a number of issues such as what a person has that they can leave in a will and considering and choosing to whom their property should be left.

A statutory will requires an application to be made on behalf of the person lacking capacity;  issues to be considered will include the wishes of the person lacking capacity, as far as they are known about, who they might want to leave their money and property to, tax planning and the views of families and friends where appropriate.

See comments from our clients here.

Making a gift

Applications can be made to the Court of Protection to make gift from the funds of a person who has an attorney or a Deputy looking after their affairs.

We have a great deal of experience in making these applications, which would deal with larger gifts outside of the usual authority which an attorney or Deputy might have. Such gifts could be appropriate where, for example:

Please contact us on 0161 871 3680 or email Head of the Court of Protection team,  Chris Gallagher for a free initial discussion with a specialist in our team.