When a person loses the mental capacity to manage their affairs, it is likely that they will not have capacity to make a will or review their will. In such circumstances an application to the Court of Protection must be made under the Mental Capacity Act 2005 for the authority to make a will for them.
If the court is satisfied that a new will is in the person’s ‘best interests’ they will approve the application. However, such matters are often contentious with different members of the family wanting different things, so it is important to seek professional advice from lawyers who specialise in this type of work. The legal costs of successful applications are usually paid by the person lacking mental capacity.
Our lawyers’ recent experience includes:
Being recommended by the professional deputy (in another local firm) to act for the husband, personally, in a statutory will application where the wife was mentally incapable and her negligence award was £1.6million.