Where a person has lost mental capacity and has not made a Will, or their Will is no longer appropriate, all is not lost and a new Will can validly be created. Although many people are unaware of it, the Court of Protection can give approval for a new Will to be executed.
Sometimes, a Statutory Will may be required because the beneficiary under an existing Will no longer has the same relationship with the person, for example a husband from whom there has been a divorce. Sometimes the Will does not provide for all the relevant children, or the Intestacy Rules would give money to a disliked family member. Alternatively, there may be a concern about the validity of an existing Will because of lack of mental capacity or undue influence.
Legal costs of the application to the Court of Protection are usually paid from the assets of the person on whose behalf a Statutory Will is requested. In hotly contested cases, other costs orders are possible.
Statutory Wills are important tools for enabling assets to be left appropriately. Applications need expertise and understanding of court proceedings, to ensure that the application can be successfully pursued and a proper Will put in place.