Statutory Wills.

Legal Advice on Statutory Wills.

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.

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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.

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Contact Lanyon Bowdler

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.

Our people

Meet the team.

Neil Davies
Neil Davies
Partner
Court of Protection
Lucy Speed
Lucy Speed
Partner
Court of Protection
Tom James
Tom James
Legal Support Assistant
Court of Protection
Morgan Hanley
Morgan Hanley
Legal Support Assistant
Court of Protection
Matte Brasenell
Matte Brasenell
Legal Support Assistant
Court of Protection
Carole Walker
Carole Walker
Legal Support Assistant
Court of Protection
Toni Reeves
Toni Reeves
Solicitor
Court of Protection
Naila Kosser
Naila Kosser
Chartered Legal Executive
Court of Protection
Danielle Lloyd
Danielle Lloyd
Legal Support Assistant
Court of Protection
Knowledge

Case studies.

Case Study
Lanyon Bowdler case study icon

Lady Lacking Capacity has Cash Withdrawn by Family Member

It was not necessary to prove the actual fraud by the cousin; merely that he had taken advantage of a vulnerable person....
Neil Davies • 26 Feb 2024
Case Study
Soft focus image of flowers

Lady Financially Abused by Son

J’s brother was concerned that J’s Will, made several years ago, left her estate entirely to her son, which was thou...
Neil Davies • 26 Feb 2024
Case Study
Lanyon Bowdler case study icon

Successful Application for Contract to be Terminated

The previous solicitors who had settled a personal injury claim did not have sufficient expertise in Court of Protection...
Neil Davies • 26 Feb 2024
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Latest knowledge.

Blog

Court of Protection Enquiries

Handling enquiries in the Court of Protection (COP) Department has taught me that not many people fully understand ...
Tom James • 29 Apr 2024
Lanyon Bowdler in the Media
Thriving After Brain Injury Group Photo

Inspirational Brain Injury Conference a Major Success

An event in Shrewsbury to celebrate inspirational people who battled back from life-changing brain injuries has been dec...
Lanyon Bowdler Featured on the Shropshire Live Website • 21 Mar 2024
Case Study
Lanyon Bowdler case study icon

Lady Lacking Capacity has Cash Withdrawn by Family Member

It was not necessary to prove the actual fraud by the cousin; merely that he had taken advantage of a vulnerable person....
Neil Davies • 26 Feb 2024
Case Study
Soft focus image of flowers

Lady Financially Abused by Son

J’s brother was concerned that J’s Will, made several years ago, left her estate entirely to her son, which was thou...
Neil Davies • 26 Feb 2024
Case Study
Lanyon Bowdler case study icon

Successful Application for Contract to be Terminated

The previous solicitors who had settled a personal injury claim did not have sufficient expertise in Court of Protection...
Neil Davies • 26 Feb 2024
Podcast icon Podcast

Neil and Edward Rip Into & Expose the New Powers of Attorney Act

Edward and Neil are reunited (and it feels so good)! They rip into the Powers of Attorney Act 2023, and manage to find p...
Published • 05 Feb 2024
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Review of World Alzheimer’s Month 2023

IEach September, people unite from all corners of the world to raise awareness and to challenge the stigma that per...
Carole Walker • 02 Feb 2024
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What If Father Christmas Lost Capacity To M...

It’s that time of year where festivities are in full flow both at home and work. People are busy preparing for gath...
Toni Reeves • 21 Dec 2023
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Navigating the Court of Protection: Selling...

As the population continues to age, the issue of financing long-term care for seniors has become an increasingly pr...
Naila Kosser • 03 Nov 2023
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Explaining Legal Jargon in Court of Protect...

We understand that legal jargon can be a bit confusing and overwhelming and sometimes you need someone to explain w...
Danielle Lloyd • 06 Oct 2023
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Care Home Fees and Capacity

When do you need to pay for residential care? There are many reasons why yourself or a loved one may have to move i...
Morgan Hanley • 04 Aug 2023
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Aiding The Brain Following Traumatic Injury...

One major impact of a TBI is that someone’s thinking process and thinking ability may dramatically alter post injur...
Matte Brasenell • 05 Jul 2023
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