Statutory Will

Statutory Will Mental Capacity Assessment

What is a Statutory Will Capacity Assessment?

A Statutory Will assessment refers to when an individual has been deemed to lack capacity to make a Will and evidence of this lack of capacity is required to support an application to the Court of Protection for a Statutory Will.

In order to ascertain whether an individual lacks capacity, a full assessment of their capacity to make a Will must be conducted.

What is included in the Statutory Will Assessment?

Our Statutory Will Assessments include all necessary preparatory work and organising the technical side of a remote assessment via video link, a Statutory Will Assessment, a written report and reading time.

What case law do you use?

The case  law for a statutory Will is the same as for a normal Will, that of Banks v Goodfellow (1870).

What information do you need from me?

We will request information such as a family tree, the size of their estate and whether they have any dependants. During the capacity assessment this information is used to verify what the client says. The Assessor then uses the information to develop questions asked and ensures that all decisions being discussed are covered in sufficient depth.

Please contact us. We will provide you with a copy of our bespoke referral form, which we will happily talk through with you.

What happens in a Statutory Will Mental Capacity Assessment?

The assessment will take place via video link through the use of a smartphone, tablet, laptop or computer with webcam. This can take place at the client’s home or at a location they feel comfortable in and comprises of an in-depth conversation. It is not a test. The Assessor will use the information provided before the assessment to engage in open questions surrounding the Statutory Will, the person’s estate and their family and friends.

The assessment will take approximately one hour.

Why is a Statutory Will Capacity Assessment necessary?

If a person lacks capacity to make a Will but a Will is still required, then an application may be made to the Court of Protection to make one for them. If such an application is made it needs supporting evidence that the individual concerned lacks the capacity to make a Will of their own.

Please contact us to find out more about a Statutory Will Assessment.