If someone lacks sufficient mental capacity to manage their own affairs it is likely that they may also lack the necessary capacity to make or update their will.
If you know that the person's will is out of date and that the terms are no longer what they would wish to happen with their estate (for example if the will leaves the estate to a partner they are no longer in a relationship with) or that they do not have a will at all and that distribution under the intestacy rules would not be in line with what the person would have wanted, or would not be a fair outcome for all concerned parties, then it is possible to apply to the Court of Protection for a statutory will.
We can advise you on the merits and appropriateness of any potential application to the Court of Protection so that you do not waste time or incur unnecessary costs for an application that is unlikely to succeed. We will review the details of any previous wills or draft wills made by the person, the person's family tree and details of other people who have close relationships with them, together with evidence of why each proposed beneficiary should be considered. All of these details are also required by the Court in due course if an application is made.
It is likely that the Court will appoint the Official Solicitor to advise and act on the incapacitated person's behalf, and we can assist by corresponding and working with the Official Solicitor to reach an agreement on the terms of any proposed draft will. This helps to ensure that the matter can proceed without the need of a contested hearing.
We assist with any Court of Protection matters on a 'time spent' basis. We charge £160.00 plus VAT per hour and will always try and give you an estimate of what our total fees will be as this will be dependent on the specific situation.