Statutory Will

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A statutory will is a will made on behalf of a person who lacks mental capacity, authorised by the Court of Protection. It allows the court to make or amend a will to ensure the person’s estate is managed and distributed appropriately, usually based on their known wishes, values, or previous estate planning.

Legal Reference:

  • Statutory wills are governed by the Mental Capacity Act 2005, particularly sections relating to best interests decisions and the Court of Protection’s jurisdiction. An application for a statutory will must provide full financial details, medical evidence, and the reasoning behind the proposed distribution.

Sources:

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Local support: We assist clients in Barton on Sea and nearby areas such as Milford on Sea with this topic.