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Making a will for someone who has lost capacity

As we grow older, many of us will start to struggle with the more demanding aspects of daily life. Sadly, some of us will lose the capacity to make important decisions about matters that can have a far-reaching effect.

If there is someone you care about who hasn’t made a will and they have reached a stage in life where they are no longer able to understand the implications of making one, there are steps which you might be able to take to help them.

An application can be made to the Court of Protection for a Statutory Will to be made on behalf of your loved ones if they lack the capacity to make a will themselves.

The terms of any such will must be in the best interests of the person on whose behalf the application is made. If that person has expressed any wishes or feelings about what they would like to happen to their assets in the event of their death, the court will take this into account in deciding what should be done.

A similar procedure applies if a person who lacks the necessary capacity has made a will, but an application is required in order to make an amendment which is felt necessary.

At Hutton’s, we have the required knowledge and experience to assist you with making a Statutory Will for a loved one, and will guide you through the process every step of the way.


Contact Us

Please contact Clare Strowbridge or Ian Moore to discuss your requirements and find out how we can help you.



Your questions answered


Other issues to think about

  • Homemade wills

  • Living Wills (Advance Decisions)

  • Lasting Powers of Attorney

Nothing on this website constitutes legal advice. Please contact us for advice on your individual circumstances.


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