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Navigating the path to security
Here at Price Slater Gawne, we specialise in matters concerning the Court of Protection. One particular area within this specialism is Statutory Wills. In the following sections, we will shed light on the essential aspects of Statutory Wills including what they entail, who can apply for them, what is involved in the process and the pivotal considerations taken into account by the Court of Protection.
A Statutory Will is a legally authorised Will made on behalf of an individual who lacks the mental capacity to create one themselves. This can be a Will to replace an intestacy, where the intestacy would create a result the individual would not have wanted, or a Will to replace an existing but outdated Will the individual would have wanted to change. In the pursuit of this crucial instrument, Price Slater Gawne stands as your unwavering support, guiding you through the intricacies of the process to achieve a secure and just outcome.
Anyone over the age of 18 can apply for a Statutory Will to be authorised for an individual who lacks capacity. Most commonly, it will be a family member or a court appointed deputy. Applying for a Statutory Will involves a thorough understanding of the legal framework, especially in the context of the Court of Protection.
Firstly, an assessment of an individual’s mental capacity is required. A Statutory Will is only available for someone who lacks capacity. Once an absence of capacity is established, there should be a review to see whether the current provision, whether that be the individual’s Will or in its absence, the intestacy rules, creates a result thought undesirable for the individual. If a new Will is required, then an application for a Statutory Will is submitted to the Court of Protection. Everyone thought to be disadvantaged by the Will or who would have an interest in the individual’s estate ought to be notified and given the opportunity to be brought in as a party to the proceedings. The individual would also be represented by the Official Solicitor to ensure there was an independent party with only the individual’s best interests in mind involved in negotiations. The Court of Protection will usually ask for a family tree, details of the individual’s estate, a draft Will and a witness statement from the parties detailing why they believe the draft is (or in some cases, is not) in the best interests of the individual.
Statutory Wills can be contested, and the Court will normally be open to hearing evidence from all parties. It is important to have clear, concise and evidence-backed arguments to defeat the claims of others, but it is often the case the parties negotiate a workable compromise where one can be found.
When applying for a Statutory Will, the Court of Protection takes several crucial factors into account to ensure the best interests of the individual in question. Factors, such as the individual’s expressed views prior to losing capacity, the size of the estate and the nature of the family dynamic will all be considered. Ultimately, the Court will be looking to authorise the Will that best represents what it feels the individual would have wanted to be in place and how they would want to be remembered.
As your dedicated legal partners, Price Slater Gawne will diligently address these considerations, presenting a compelling case on your behalf and advocating for a result that aligns with your loved one’s needs and desires.
Provided that all of the parties act in the best interests of the individual who has lost capacity throughout the process, the costs associated with the application will be payable from the individual’s estate. When parties are considered not to be acting in a proper manner, the Court reserves the right to order an adverse costs order. It is important to behave properly during all proceedings within the Court of Protection and why it is always a good idea to have legal representation to ensure you do not fall short of the standards expected of you.
At Price Slater Gawne, our specialist team offers an extensive range of tailored Court of Protection services, ensuring that you receive the necessary legal advice and support when it matters most. From building a personal relationship with you and your loved ones to coordinating with relevant professionals, we go above and beyond to handle these crucial matters with the utmost care and precision. Trust us to deliver a person-centred approach that has been recognised for its excellence.
Our adept team of legal experts will assist you in determining your eligibility to apply for a Statutory Will, ensuring all necessary criteria are met. With our experience in navigating the complexities of the Court of Protection, we will be your advocates throughout the application process. As your dedicated legal partners, Price Slater Gawne will diligently address these considerations, presenting a compelling case on your behalf and advocating for a result that aligns with your loved one’s needs and desires.
If you think you need the advice of our Court of Protection specialists, please get in touch today by contacting our Court of Protection team on 03333 058375 or by email at firstname.lastname@example.org
Partner, Court of Protection & Wealth Protection
Partner, Court of Protection
Associate, Court of Protection
Solicitor, Court of Protection
Administrator, Court of Protection
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The team are dedicated, highly experienced, professional, and approachable, with a drive to ensure the best outcome for their clients.” Kate Barron, Clinical Case Manager
“Tom Young is excellent. I cannot fault his continuous efforts and expertise enough. He offers great communication and always treats our family with the utmost courtesy and professionalism. I would highly recommend him to anyone. As a family we are forever grateful.” Mrs R
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