Wills for People who Lack Capacity

If it is sensible for someone’s Will to be updated but they lack mental capacity to make changes, their interests must be properly safeguarded. We have the expertise to assist in these situations.

In place of face-to-face meetings, we are very happy to arrange scheduled telephone or video meetings and are finding these work well. Email or call us so that we can discuss how best we can help you.

Specialist advice and experience

If someone lacks mental capacity, a Will may need to be created (or changed) to reflect new circumstances. In this situation, it is necessary to apply to the Court of Protection for a Will to be approved on their behalf (a ‘Statutory Will’).

The Court will often appoint the Official Solicitor to represent the person lacking capacity – to ensure their wishes and interests are protected. This is often a complex and lengthy procedure and may require a formal Court hearing.