Statutory Wills – What are they?

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Statutory Wills are made by the Court of Protection on behalf of an individual who no longer has the capacity to make a Will as defined by the Mental Capacity Act 2005. The capacity of the testator must be addressed when considering the need for the Court of Protection to make a Will on the testator’s behalf. There are several reasons why a Statutory Will should be considered alongside the fact that the testator lacks capacity. Some of these include: The testator does not have a Will A beneficiary in the current Will has died A beneficiary of the current Will has already received a substantial gift Tax planning The Court of Protection will request a great deal of information, including medical evidence to support the testator’s lack of capacity, to support their decision of making the Will in the testator’s best interests. The Court will be unwilling to accept an…

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Revocation a Lasting Power of Attorney or an Enduring Power of Attorney

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Occasionally, a donor may review their Lasting Power of Attorney or Enduring Power of Attorney and realise that their circumstances have changed since the documents were signed, and will therefore wish to change them. To achieve this, these documents would need formal revocation. With an Enduring Power of Attorney, the process is simple. As the document will not have been registered previously, the Office of the Public Guardian’s guidance states that a Deed of Revocation is required. This Deed will require the details of themselves and all the attorneys appointed. This includes full names and addresses. The Deed will also need to specify the date the donor granted Power of Attorney to the attorneys, i.e. the date signed. This will need to be signed and dated by the client and then witnessed by an individual independent from the Enduring Power of Attorney and kept with the Enduring Power of Attorney….

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