A Statutory Will is a difficult thing to have awarded. The process for applying for it is complicated; and there is a lot of evidence that you need to provide with the application. One of the most important pieces of evidence that you will need to provide is a family tree.
What is a Statutory Will
Statutory Wills are a tool that can be used to make a will or make changes to a will if the person lacks the mental capacity to do it for themselves. In order to make a Statutory Will on their behalf, you need to make an application to the Court of Protection. If it is granted, then you will be able to draw up a will; or make changes to their existing will.
When do people not have the capacity to make a will?
Deciding if someone has the mental capacity to make a will is not simply someone arbitrarily deciding that another person is incapable of making a will. There is a legal test that has to be taken in order to determine their mental capacity to make a will.
Just because someone can’t manage large sums of money on a daily basis doesn’t mean they can’t make a will.
Making an application for a Statutory Will
The person that is deemed to be incapable of making a will must be over 18. The preparations to make the application to the Court of Protection can be made when the person turns 17; but only finalised when the person turns 18.
The Court of Protection has issued guidance on how to apply for a Statutory Will, which includes all the documents and information that you will need to supply. These include a family tree, financial information about account balances, investments, property etc. The background of the named person, any medical conditions that they suffer from; and how the will would be distributed if the Statutory Will was granted.
Why is the family tree so important?
You may wonder why it is important to include a family tree with your Court of Protection application. The reason for it is simple; the family tree lists the possible beneficiaries of a Statutory Will. Including the family tree allows the Court of Protection to see all of the beneficiaries and determine which beneficiaries can be included and which can be left out.
What should be included in the family tree?
A family tree should include the names and dates of birth of each member of the family that could be considered beneficiaries. You do not need to have gone back 18 generations on the family tree either. Going back as far as great grandparents is more than enough. In doing so can establish the beneficiaries that need to be considered.
Need help with your family tree for a Statutory Will? Contact the Fleetwood Heir Hunting team now for expert help creating your family tree and preparing it for your Statutory Will application to the Court of Protection.