Statutory Will disputes
If someone is unable to make a will, because they lack the necessary “testamentary capacity”, then it is possible for the Court of Protection to order someone else to make a will on their behalf. This is known as a Statutory Will. An attorney or deputy does not have the authority to make a will for a person lacking capacity without court approval.
In many cases the terms of a Statutory Will can be agreed between the relevant parties and approved by the Court. However, such applications can become contentious.
If so, our specialist Court of Protection disputes team can advise you further about the Court process involved, assist you with the preparation of witness statements and represent you in any negotiations between the parties.
Please do not hesitate to contact us if you would like to discuss this further.