Statutory Wills.
When changes in circumstances mean an existing will no longer reflects what is fair or intended for a vulnerable individual, our team offers robust assistance to navigate Statutory Will proceedings effectively.
It is hugely important to make a will, and once you have done so, it’s natural to review your arrangements as you get older and your circumstances change.
If someone has lost the mental capacity to manage their own affairs, it is highly unlikely they will be able to review their will or make a new one if they have not yet made a will at all.
It is not legally possible for anyone to make a will on somebody else’s behalf, even if they have been formally appointed as a deputy by the Court of Protection or granted a Power of Attorney. Instead, a specific application has to be made to the Court of Protection under the Mental Capacity Act 2005 for authority to make a will for them.
A new will can only be made where it is proved to be in that person’s ‘best interests’, but that very much depends on the individual circumstances of each case. The Court has to consider a variety of factors, including those that the person lacking capacity would take into account if he or she were able to do so.
The complicated nature of these applications means that proceedings can become contested if different family members have competing financial interests.
So a statutory will application is rarely straightforward and it is vital to take legal advice from a professional Court of Protection Solicitor who specialises in this type of work. The legal costs of a successful application are usually paid from the funds of the person lacking capacity.
Lanyon Bowdler has its own specialist Court of Protection team, and is one of the very few legal practices in the area to do so. Our expert solicitors deal with lots of applications each year and have the necessary experience to advise you on the procedure from start to finish.
From the first contact, the team at Lanyon Bowdler gave a fast & efficient service. They were very friendly & gave me the confidence that I had found the right solicitors. The advice given & the fast responses were beyond my expectations. The matter was resolved in no time at all.
Since dealing with Lanyon Bowdler they have been diligent, efficient and at all times very helpful along with being structured in dealing with matters, fees and clarity on all levels. Thank you.
I was clearly informed of progress step by step. The service you provided was very good.
All work carried out effectively and efficiently.
An excellent service with solicitors that you can talk to and who give you a clear understanding of all necessary legal implications and interpretations.
From start to finish we had excellent service. Friendly, approachable and professional.
Very clear, concise advice and guidance, easy to understand.
Good service provided throughout with clear communication throughout with all options explored.
I can thoroughly recommend the highly professional and supportive service received over the last few months.
Responsive, supportive, approachable, clear and empathetic.
Professional and prompt communication. Supportive and client focused.
Whenever I have had need to contact Lanyon Bowdler I have always received a fast, concise and friendly response.
Definitely would use Lanyon Bowdler again if I need the use of a solicitor.
Smooth and efficient service from very professional firm.
We were particularly impressed with the quality of work, the speed and excellent communication.
Very friendly and approachable. Very good advice
Great Service; Lanyon Bowdler were excellent from the outset. Straightforward and easy process. I just sat back and waited.
Everything has been professional, efficient and courteous throughout and we are very pleased, both with the service and with the eventual outcome of our case. Everything was first class and exceeded our expectations. Thank you again for providing such splendid service. It is really appreciated.
Give us a call or complete our online enquiry form, to see how we can help. We have offices in Telford, Shrewsbury, Oswestry, Ludlow, Bromyard, Hereford and Conwy, so are able to act for clients throughout Shropshire, Herefordshire, Mid and North Wales and across the Midlands.
Please contact Neil Davies, Head of Court of Protection, or one of his team for a friendly chat about how we can help.
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