Everyone knows the importance of making a Will. However, what happens if a person lacks the mental capacity to make a valid Will, perhaps because of a brain injury or dementia?

A Will might still be essential and even if one was made earlier circumstances might have changed so dramatically that it is unlikely to now reflect the person’s wishes. In such circumstances, it may be possible to make an application to the Court of Protection asking the Court to make a Statutory Will for the person lacking capacity. If medical evidence confirms a lack of capacity, the Court can consider the evidence about the person’s life, family and financial circumstances and make a Statutory Will in terms that the Court thinks are in that persons best interests. This is a complicated area, but can be of vital importance – seek advice from us and we’ll do our best to help.

If you need to apply to the Court of Protection we can help. We’ll make sure the whole process is as easy and stress-free as possible for you, and provide you with the best advice every step of the way. Contact one of our Wills and Probate Specialists at one of our offices across Lincolnshire & Nottinghamshire in Boston, Grantham, Lincoln, Newark, Sleaford and Spalding.

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